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DUNNE 

Judge, Mayor, Governor 



Compiled and Edited by 

William L. Sullivan 



'S^Vf) 



19 16 

The Windermere Press, Publishers 

Chicago 



IP 



Copyright 1916 

BY 

William L. Sullivan 



/ 



AUG -5 1917 






)C1,A476039 






\ 



EDWARD F. DUNNE. 

Edward F. Dunne was born at Waterville, Connecticut, 
October 12, 1853. 

He was one year old when his parents moved to Peoria, 
Illinois, where his father attained political and business prom- 
inence. 

His education was obtained in the public schools of Peoria 
and at Trinity College, University of Dublin, where he reached 
the position of honor man in his class, but graduation was denied 
him by his father's financial reverses which recalled him to 
Peoria. 

There he worked for a year in his father's mill, meanwhile 
reading law. In 1876 he began a systematic course in law in 
Chicago and two years later was admitted to the bar. 

For fifteen years he devoted himself to an ardent practice of 
his profession. He was associated during this period with many 
distinguished men, among them being Judge Scates and Con- 
gressman Hynes. 

In 1892 he was elected to fill a vacancy on the Circuit bench 
of Cook County and in 1897 and again in 1903 was elected to full 
terms. 

His marriage took place in 1881, his bride being Miss 
Elizabeth J. Kelly of Chicago. To this marriage thirteen children 
were born, nine of whom are living. 

From the bench he was elected, in 1905, to be mayor of 
Chicago by 25,000 plurality. 

Among the great issues of his term were the traction fran- 
chises, the price of gas, electricity, and telephone service, the 
equalization of water rates, and tax-dodging by the powerful. 

Judge Dunne was nominated for Governor of Illinois by 
the Democratic party at the Democratic primary election of 1912 
and was elected by 125,000 plurality in November of that year. 



FOREWORD. 

This book deals with live issues, City, State, National, and 
humanitarian. The speeches which fill its pages were made on 
the firing line of actual life. It represents the hopes and aspira- 
tions of a people who have elevated their champion and their 
tribune to the bench, the mayor's office, and the Governor's office. 
It expresses the matured opinions and convictions of an idealist 
and of a practical statesman, and faithfully depicts the crowd 
psychology of an epoch. 

Governor Edward F. Dunne's career is remarkable for 
achievements and results, notwithstanding the fact that he has 
often been compelled to oppose the strongest forces of human selfish- 
ness, organized wealth, and partisan unreason. 

He has been uniformly progressive. As a judge, though thor- 
oughly safe and sane, he broke through the restraining red tape 
of ultra conservatism and reaction which so frequently stigmatize 
the rendering of judicial opinions in the minds of people who live 
in the vital here and now. 

As a mayor of a modern metropolitan city, Chicago, the sec- 
ond on the continent, his name will, pass into history side by side 
with those of Tom Johnson of Cleveland, Hazen Pingree of Detroit, 
and Golden Rule Jones and Brand Whitlock of Toledo. He has 
been a people's man and fought the battle for them, without 
wavering or flinching, against privilege. 

Edward F. Dunne was elected Governor of Illinois after the 
State Government at Springfield had passed through a protracted 
political debauch. 

Again he did not disappoint the people, but holding fast to 
the fundamental principles of real democracy and working with 
almost superhuman energy, he realized the highest expectations 
of his most ardent and devoted friends and followers. 

In the meantime his appearance before public audiences to 
deliver addresses, discussing history in the making and the 
drama in which he has been the chief actor and the central figure, 
were quite frequent and covered a vast deal of territory. To have 
compiled a complete record of these would require many volumes. 
I have therefore selected from them such as I believed most vitally 
interesting to the public. These speeches it is intended to preserve 



for present perusal and future reference. They are invaluable pub- 
lic documents. They teem with human interest. They deal candid- 
ly and dispassionately with the greatest problems of our day. Their 
lucid, direct, and forcible style and their intrinsic literary merit 
constitute an added charm to attract and hold the attention of the 
reader. The book is a growth of the struggle for justice, honest 
government, and a fair adjustment of economic and social relations, 
and scintillates with bright sparks from the first line of the battle 
front of individual and collective human activity and striving for 
higher and better things. 

The times demanded a voice for the people of the great 
Prairie State and they elected Edward F. Dunne as their official 
spokesman and chose him to represent them in the most exacting, 
trying, and exalted positions. 

An effort has been made to condense by eliminating repetitions. 
Some subjects, however, it will be found are discussed more than 
once, but in such cases they are presented from various viewpoints 
and under different lights. 

Having had the good fortune to have acted as Mayor Dunne's 
assistant secretary and as Governor Dunne's private secretary, I 
have been in a specially favorable position to have had unrestricted 
access to his official papers and public addresses. I am under deep 
obligation to Governor Dunne for his unfailing courtesy in extend- 
ing to me full opportunity to compile and edit the contents of this 
volume which I now offer to the public with full confidence that its 
perusal will be of real intellectual benefit and historical value. 

WiLiJAM L. Sullivan. 



CONTENTS 



Page 

Decision on tlie Freedom of the Press 13 

Decisions in Important Judicial Cases 49 

Upon Giving a Forger a Chance 68 

Officers Wlio Exceed Authority 69 

The Mangier Bribery Case 70 

Users of Space Under Sidewalk 71 

The Rights of Parents to Children 72 

Mutually of Contracts, Etc 73 

On Sentencing a Chicken Thief 75 

On Compulsory Vaccination 76 

Right of Policeman to Shoot at Fleeing Prisoner. . .'. 79 

Right of Adjoining Owner to License a Hack Stand 80 

Low Wages and Financial kesponsibility 81 

Upholds Civil Service Law 82 

Against Justice Court Fees 83 

On Inequality Tax Assessments 85 

Justice, Not Charity 90 

Withdrawals from Iroquois Club 91 

The Serious Crisis of the Day 92 

On Govermnent of the Few 94 

Denounces the Annexation of the Philippines 95 

Views on Spanish- American Treaty 109 

The Manchester Martyrs Ill 

To a Reunited Democracy 116 

Denounces England and the Transvaal 118 

Appeal on Behalf of the Boers 124 

Has Democracy Departed from First Principles 125 

To Provide Local Self-Government 132 

Monopoly Grips the Nation 133 

Chicago's Municipal Poverty and Cause Thereof 134 

Advantages of Public Ownership and Operation of Utilities 137 

The Anthracite Coal Strike 139 

Favors Initiative and Referendum 141 

On the Race Problem 143 

Ireland's Political Future 145 

Roosevelt "De-lighted" — Thirteen Children 147 

Boys 148 

On the Chicago Charier 150 

Assignment of Wage Slavery 157 

Is There International Morality? 160 

Regarding Crimes of Violence 162 



8 contents 

Page 

On the Panama Treaty 165 

Urges Judge Dunne for Mayor 170 

Makes a Unique Pledge 176 

Accepting Nomination as Mayor of Cliicago 177 

Admonishes Party Leaders of Their Duty 186 

Judge Dunne Scores Harlan Plan 188 

First Inaugural Address as Mayor 196 

Chicago's Fight for Municipal Ownership 197 

Upon a Sharp Reversal of Public Opinion 204 

The Story of the Street Car Companies of Chicago 206 

For a Compulsory Board of Investigation 219 

Mayor Dunne Wants Power at Cost — Canal Board Should Aid City 221 

Message Regarding Water Rates 223 

Plans for Securing Municipal Ownership 225 

Plans of Mayor Dunne for Building New Street Railway System 233 

On City Ownership of Public Utilities 235 

Favor Voluntary Arbitration of Labor Disputes 239 

W. J. Bryan 243 

On Vetoing Certain Street Franchises 244 

What Chicago Needs to Become Great ^ 245 

His Objections to Proposed Traction Merger 250 

Denies He Intends to Resign as Mayor 257 

Makes a Demand Upon the City Council 260 

Regarding Universal Gas Company 261 

The Militant Chief of the Salvation Army ' 263 

Chicago's Progress in 1905 and Its Future 265 

His 1906 New Year's Wish 276 

Eighty-five Cent Gas Too High in Chicago 277 

Wishes Success to Seattle 282 

St. Patrick's Day 283 

The Werno Letter 286 

Objects to Electricity Rates Fixed by City Council 295 

Praise for Builders of a Public Building 300 

Private Monopolies for Private Gain 302 

Advises City Fixing Phone and Electric Rates 313 

The City Progress of Chicago 315 

Judge Murray F. Tuley 324 

Vetoes Two Street Railway Ordinances 329 

The Truth About the Issues of the Municipal Campaign of 1907 336 

The Republican Party and the Panic of 1907 350 

Tardy Justice to Ex-Mayor Dunne 357 

Lincoln, the Lawyer 358 

Protests Honor to Judge Dickinson by Iroquois Club 363 

The Traction Slush Fund 365 

Announcement of Candidacy for Governor 366 

Address in Memory of John P. Altgeld 370 

What Name and Memory Should We Leave 375 

The Dangers of Monopolies 379 

The Economic Problem of the Day 384 



CONTENTS 9 

Page 

Scores Abuses of the Shylocks 391 

Message to the Forty-Eighth Assembly 392 

Urges Election of Lewis and Sherman as Senators 408 

On the Dedication of Lincoln Hall ' 411 

A Washington Reincarnated 413 

Upon the Election of United States Senators Lewis and Sherman. . . . 416 

Making Two Bushels Grow Where One Grew Before 418 

Communication of "Fish and Game" 421 

The Progress of the Initiative and Referendum 424 

Address in Commemoration of the Hundredth Anniversary of the 

Birth of Stephen A. Douglas 426 

Seeks Help for People in the Flooded District on Ohio River 427 

Initiative and Referendum 429 

His Attitude Toward the University of Illinois 430 

Veto of So-Called Kleeman Bill 433 

Favors Principle of Relief to Parents of Destitute Children 435 

Statement of Governor Dunne Regarding Public Utilities 437 

The Value of Fish and Game in Illinois 442 

Favor Abolition of Board of Equalization 445 

Cuts Time of Honor Prisoners on Public Roads 446 

Instructions to a Newly Appointed Board 447 

The Value of Governors' Conferences 449 

The Two Battalion System in Fire Departments 451 

Important Results of the Battle of Lake Erie 452 

Stops Maudlin Sentiment Over Convicts 456 

The Career of Michael Kelly Lawler 457 

The Soil We Till the Source of All Wealth. . ._ 458 

Suggests a Thesis or Lecture on Practical Farming 462 

On the Pardoning of Two Convicts 463 

His Attitude on State Civil Service Law 464 

On Fixing State Fire Prevention Day 465 

Advises Democrats to Vote for C. C. Craig 466 

Legislation for Improving Farm Life 467 

Protests Against Accusation Against Jewish Religion 469 

Opposes Teaching Sex Hygiene in Schools 470 

Was Pleased to Sign Woman's Suffrage Bill 471 

Value of Building and Loan Associations 472 

Urges Publication of Lincoln's Gettysburg Address 474 

Conserving Power Rights at Joliet 475 

Europe, Not England, Is the Mother Country of America 477 

Bishop John L. Spalding 482 

Upon the Condition of State Treasury 483 

Again Opposes Teaching of Sex Hygiene in the Schools 484 

On the Opening of the New Year 488 

On the Administration of President Wilson 489 

Shelby M. Cullom 497 

Progress in Illinois' Conservation 499 

On the Ownership of Public Utilities 502 

Words of Cheer and Help to the Imprisoned 522 



10 contents 

Page 

"The Forty-Eighth General Assembly" 524 

Pleased at Registration of So Many Women 530 

Commends Services of President James 531 

On Belleville's Centenary 532 

Proclamation for "Road Day" 535 

The Highways of Illinois 537 

On Subways in Chicago 540 

On Amendments to Municipal Court Law 542 

On the Pardon of Charles A. Kimsey 544 

Democratic Idealism 546 

As to Tuberculin Test of Dairy Herds 549 

To Permit Traveling Salesmen to Vote 551 

Mediation Plan is Favored by Governor of Illinois 552 

On Mobilization of Illinois National Guard 553 

On the Death of Marine, Samuel Meisenberg, at Vera Cruz 554 

To the Grand Army of the Republic 556 

As to Rental of Streets by Car Companies 558 

The Struggle of Ireland for Home Rule 560 

The German in Illinois 563 

Safety First and Grade Crossings 567 

Illinois Troops at Kenesaw Mountain 568 

Tribute to John A. Logan 571 

The Duty of Labor to Humanity 573 

Designates a Day for Prayer for Peace 579 

A Plea for a United Democracy 580 

A Call to Peace 582 

Eighteen Months of Democratic Administration 585 

The Proposed Eight-Foot Waterway 592 

The Ideals of a Noted Irish Patriot 600 

Waterway Transportation Near 603 

Good Roads in Illinois 604 

The Work of the Railroad Man 610 

The State Charities of Illinois 615 

The Spread of the Foot and Mouth Disease 619 

Uniformity of Safety and Sanitation Laws for Places of Employment. 620 

Proclaiming the Birthday of Illinois 631 

The Law and Practice in Requisition 632 

The Scotchman in America 634 

The Past and Future of Illinois 637 

Upon Refusing to Issue Certificates of Election in Certain Cases.... 642 

On the Issuing of Election Certificates 643 

Favors Sirnplified Spelling 645 

What Has 1914 Done for Illinois? 647 

Upon Developing the State Militia 649 

On the Dissolution of an Injunction Affecting Live Stock 651 

Put the Unemployed on Illinois Waterways 653 

Lincoln and Illinois 656 

Biennial Message to the Forty-Ninth General Assembly 658 

The Corrupt Lobbyist 688 



CONTENTS 11 

Page 

The Pardoning of Newton C. Dougherty 690 

State Hospitals to Treat Drug Victims 692 

On the Killing of Lumpy Jaw Cattle 693 

The Abolition of Capital Punishment '. "702 

The Irish-American Citizen '^^^ 

On the Management of the Biological Laboratory 706 

Capital Punishment '^^^ 

On the Sinking of the Lusitania 714 

The Effect of the Opening of the Panama Canal 71& 

U. S. Diplomatic Communication to Germany 716 

On the Oppression of the Poles 717 

Gratified at Vote on the Waterway Bill 720 

Upon the Passage of the Waterway Bill 721 

Illinois Waterways "^^ 

Naturalized Citizens "^^6 

On Raising Legislators' Salaries 728 

Governor Vetoes Moving Picture Censorship 731 

Emancipation Exposition '^^2 

The Abolition of Capital Punishment 734 

On Preparedness for War *^^ 

The Honor System in Illinois Prisons 749 

The Life of John Peter Altgeld "^55 

Defends Convicts Working on Roads 758 

On the Opening of the Dixie Highway 759 

On a Citizen Soldiery '^^^ 

Answers an Attack on Dr. 0. E. Dyson 768 

Defends Integrity of Waterway Legislation 770 

Defends His Veto of Appropriations 773 

Illinois Plans for Waterway '^'^^ 

Appropriations by Forty-Eighth General Assembly 779 

On the Oppression of Poland "^^"^ 

Explains the State Tax Rate for 1915 784 

On the Hanging of Joseph DeBerry and Proposed Execution of Elston 

Scott '^^^ 

Illinois Senate Endorses Governor Dunne for U. S. Supreme Court. . . 790 

791 
Abraham Lincoln ' ^ 

Preparedness 

Illinois' Needs for Good Roads ^^^ 

Illinois' Contribution to Preparedness 816 

819 
Ireland in America 

The Function of the Modern Hospital 826 

The Function and Work of the Public Utilities 828 



DECISION ON THE FREEDOM OF THE 

PRESS. 

HISTORY OF THE CASE. 

The Fortieth General Assembly of Illinois in 1897 passed sev- 
eral objectionable bills, one of which was to legalize the consolida- 
tion of all of the gas companies in Chicago except the Ogden Gas 
Company. Ten companies thus united formed a practical monop- 
oly, which took the name of the Peoples Gas Light & Coke Com- 
pany, one of the constituent companies. Little criticism, however, 
was made of this law until the fall of 1900. A mass meet- 
ing was held in Central Music Hall in October, 1900. Resolu- 
tions were adopted denouncing the act as harmful to public in- 
terests. A committee was appointed to request State's Attorney 
Charles S. Deneen to begin quo warranto proceedings against the 
Peoples Gas Light & Coke Company. After hearing arguments 
and considering briefs submitted by counsel for and against the 
Gas Company, State's Attorney Deneen took the matter under 
advisement until August 9, 1901. On that day he appeared before 
Judge Murray F. Tuley in the Circuit Court and obtained leave to 
file the information in the quo warranto proceedings. Counsel for 
the gas company went before Judge Elbridge Haneey of the Cir- 
cuit Court and moved to have the order entered by Judge Tuley 
vacated. Arguments on the motion were heard. State 's Attorney 
Deneen was represented by Assistant State's Atorney Albert 
Barnes. Attorney Adolph Moses appeared to represent the people 
of the Central Music Hall mass meeting. Clarence S. Darrow of the 
firm of Altgeld, Darrow & Thompson, also appeared in the case, 
Attorneys Darrow and Moses appearing at the request of the 
State's Attorney. The motion was taken under advisement by 
Judge Haneey on October 6. The motion was disposed of by Judge 
Haneey on October 28 in a written opinion, in which he dismissed 
the petition and writ which had been filed on the order of Judge 
Tuley on the ground that the gas act was constitutional and no 
public rights were jeoparded by the trust formed under its terms. 
This opinion was read by Judge Haneey in the forenoon. In the 
afternoon of that day Hearst's Chicago American printed a report 
of Judge Haneey 's opinion, in which the action of the court was 

13 



14 DUNNE — JUDGE, MAYOR, GOVERNOR 

criticised as being prejudicial to public welfare. On October 31 
Judge Hanecy cited on the charge of contempt of court because 
of the published criticism of his opinion, the following persons: 
William R. Hearst, proprietor of Hearst 's Chicago American ; S. S. 
Carvalho, general manager; Andrew M. Lawrence, president and 
managing editor of Hearst's Chicago American; H. S. Canfield, 
reporter for Hearst's Chicago American; John C. Hammond, as- 
sistant city editor, Hearst's Chicago American ; Homer Davenport, 
rtist, Hearst's Chicago American; Clare A. Briggs, artist, Hearst's 
Chicago American, and Hearst 's Chicago American, a corporation. 
In the complaint filed by Judge Hanecy he stated that the criticism 
was "intended to terrorize and intimidate this court in the per- 
formance and discharge of its duties ' ' in connection with the mo- 
tion in the quo warranto proceedings. Judge Hanecy held that 
the case was pending when the criticism was published because, 
although the opinion had been read disposing of the case, no "en- 
try of any judgment or order disposing of said cause was entered 
by this court." 

On November 1 Messrs. Carvalho, Lawrence, Canfield and 
Hammond appeared before Judge Hanecy, the others cited being 
not in the State. Pending a hearing of the charge, bond was ex- 
acted from S. S. Carvalho in the sum of $10,000, from A. M. Law- 
rence in the sum of $10,000, from H. S. Canfield in the sum of 
$5,000, and from John C. Hammond in the sum of $1,000. The 
, hearing was set for November 4, on the rule to show cause why 
they should not be punished for contempt of court. The respond- 
ents appeared in court with the following counsel : Former Gov- 
ernor John P. Altgeld, Clarence S. Darrow, William Thompson, 
Samuel Alsehuler, Adolf Kraus and Charles R. Holden. Judge 
Hanecy appointed Simeon P. Shope to prosecute the proceedings, 
giving as a reason therefor that the Attorney General was absent 
and not within the jurisdiction of the court and that the State's 
Attorney of Cook County was a party to the cause. In the answer 
filed by the respondents it was set up that there was no contempt, 
inasmuch as the case was ended before the criticism was published. 
Mr. Lawrence assumed all responsibility for the publication. Mr. 
Canfield admitted having written the article complained of. A mo- 
tion was made by Mr. Altgeld for a change of venue on the ground 
that Judge Hanecy was not qualified to try the case because of his 
personal interest. This motion was denied. A request for a jury was 
also denied by Judge Hanecj''. Arguments were heard November 
4, and November 5 Judge Hanecy took the case under advisement 
and rendered his decision November 13. He ordered that forty 
days' imprisonment be imposed upon Mr. Lawrence and thirty 
days' imprisonment be imposed on Mr. Canfield. The charges 



DUNNE JUDGE, MAYOR, GOVERNOR 15 

against S. S. Carvalho and John C. Hammond were dismissed. 
No action was taken with regard to the charges against William 
R. Hearst, Homer Davenport, Clare A. Briggs and Hearst's Chicago 
American, a corporation. 

The respondents were immediately brought before Judge 
Edward F. Dunne of the Circuit Court on a writ of habeas corpus. 
They were released on bonds of $3,000 each pending a hearing. 
The hearing went over until November 15. It was contended by 
Mr. Shope that the petition for the writ was premature because the 
order for commitment by Judge Hanecy had not been entered. He 
averred that the relators had merely been taken into custody by 
the sheriff on an attachment. An examination of the book of the 
clerk of Judge Hanecy 's court showed that a line had been erased, 
leaving no order of commitment. Judge Dunne dismissed the writ 
November 16 on the agreement that the relators return voluntarily 
to Judge Hanecy 's court and answer to what might be ordered in 
the contempt case. The relators returned to Judge Hanecy 's 
court and the order of commitment was then entered. As soon as 
the order of Judge Hanecy could be transcribed a petition for a 
writ of habeas corpus was presented to Judge Dunne, who issued 
the writ, and Mr. Lawrence and Mr. Canfield were taken before 
Judge Dunne again. They were released on bonds of $3,000 each 
and by agreement of counsel the hearing was set for November 25. 
The case was argued at length by Mr. Darrow and Mr. Alschuler 
for the relators and by Mr. Shope and Assistant State's Attorney 
Barnett for the respondent. The arguments closed December 3 
with a brilliant speech by Clarence S. Darrow. The subject of 
constructive contempt was gone into more exhaustively than ever 
before in the legal history of Cook County. The opinion of Judge 
Dunne was handed down at 10 o 'clock Saturday morning, December 
7, 1901, in which he held that no contempt had been committed by 
the relators, who were thereupon discharged. 

COMPLETE TEXT OF JUDGE DUNNE'S DECISION. 

State of Illinois, County of Cook, ss. : 

In the Criminal Court of Cook County. 

The People ex rel. Andrew M. Lawrence and H. S. Canfield 
vs. E. J. Magerstadt, Sheriff of Cook County, Illinois. 

Petition for habeas corpus. 

Opinion by Edward F. Dunne, Judge. 

The relators have been found guilty of contempt of court 
by the Hon. Elbridge Hanecy, ji^dge of the Circuit Court of Cook 
County, Illinois, under the following circumstances as disclosed 
by the record in this cause : 



16 DUNNE — JUDGE, MAYOR, GOVERNOR 

On October 28, 1901, there was pending before Judge Hanecy 
a quo warranto proceeding entitled "The People ex rel. Charles 
S. Deneen vs. The Peoples Gas Light & Coke Company," and on 
that day the judge, shortly after the opening of morning session 
of court, read a written opinion disposing of the legal questions 
involved. Immediately after reading the opinion the judge, in 
open court, made use of the following language : ' ' Order of 
August 9, 1901, is set aside and the petition for leave for filing 
information, etc., and the information are dismissed." Imme- 
diately following this declaration in open court the following 
colloquy took place between the judge and counsel in that case: 

Mr. Moses: If the court please, the people reserve an ex- 
ception and pray an appeal to the Supreme Court, and also want 
the court to fix a time to file a bill of exceptions. 

The Court : I cannot allow you less than twenty days, 
can I? 

Mr. Moses : Bill of exceptions — yes ? 

The Court : No. I think the statute provides that it shall 
not be less than twenty. 

Mr. Moses: Only as to the bond. 

The Court : I guess it is the same for each. I may have 
made errors before without your assistance, but I am not dis- 
posed to make them now with it. I can not give you less than 
twenty days. 

Mr. Moses : As to the bill of exceptions — 

The Court : You may file it in fifteen minutes, if you Avant 
to, so that giving j^ou a longer time does not in any way injure 

you. 

Mr. Moses: Then the order is twenty days? 

The Court: Twenty days. The order of August 9, 1901, is 
set aside and the petition for leave to file and the information 
itself dismissed. 

Mr. Meagher: If the court please, I will prepare a formal 
order and submit it to Brother Barnes. 

The Court : You submit it to the other side. I wish you 
would give me a copy of your brief. I scratched that off hur- 
riedly and I may wish to make some corrections. 

On the same day, and after the foregoing proceedings had 
taken place in court, Hearst's Chicago American, a newspaper of 
this city, published a certain article which is set out in this 
record; and on the following day, the 29th inst., published 
another article and a cartoon upon Judge Hanecy, the latter of 
which is probably libelous. Both of the articles, if not libelous, 
were of such character as to have a clear tendency to intimidate, 
coerce, frighten and terrorize the judge, and to affect his judg- 



DUNNE — JUDGE, MAYOR, GOVERNOR 17 

meut IP ANY CASE WERE THEN UNDER CONSIDERATION 
BY HIM. 

The relator, Canfield, in his answer filed before Judge 
Hanecy in the contempt proceedings, has admitted that he wrote 
the articles in question ; and the relator, Lawrence, in his answer, 
admits that he was responsible for their publication. Both 
defendants in the proceedings before Judge Hanecy denied that 
they intended to influence, prejudice or terrorize the Court with 
reference to his decision in said cause, and aver that the "cause 
of The People ex rel. Charles S. Deneen, State's Attorney for 
Cook County, Illinois, vs. The Peoples Gas Light & Coke Com- 
pany, was decided, adjudicated and determined on the morning 
of October 28, 1901, before the publication of any of the papers 
complained of, and that His Honor, Judge Hanecy, then and 
there, in open court and acting as judge of said court, did so dis- 
miss said proceeding. That these respondents submit that this 
was a decision of the entire question pending before him, and 
was a complete determination of said question and ended the 
matter in controversy, so far as that court was concerned. That 
they are advised and so state the fact to be, that no motion for 
further argument, or for further consideration or modification of 
said decision was made, either by counsel in the case or by any- 
body else, but that on the contrary counsel for the State accepted 
said decision as final * * * and then and there prayed an 
appeal to the Supreme Court of the State." 

No evidence was heard before Judge Hanecy, but the 
decision was based upon the information and answer, amended 
information and amended answer. 

The statement as to what took place before Judge Hanecy 
in open court on October 28 appears both in the information 
and answer and is undisputed. It is also undisputed that the 
articles and cartoon in question were published after these pro- 
ceedings had taken place in court. 

Judge Hanecy, after considering the information and answer, 
as amended, and after hearing arguments of counsel at great 
length, found the defendants guilty of contempt of court in 
publishing said articles and cartoon and sentenced them to im- 
prisonment in the county jail for thirty and forty days, respec- 
tively. The defendants were then taken into custody by the 
sheriff of Cook County, Illinois, under the final order of commit- 
ment. 

At the time of the issuance of the writ of habeas corpus in 
this cause they were confined in the county jail in the custody 
of the sheriflp of Cook County, and they now apply to this court 
to be released from said imprisonment. 



18 DUNNE JUDGE, MAYOR, GOVERNOR 

It is contended by counsel lor the relators that Judge Haneey 
had no jurisdiction to enter the final order of commitment, and 
some sixteen different reasons or grounds are set up in the peti- 
tion in support of their contention. Many of these grounds were 
abandoned upon argument, and it it is only necessary for this 
court to consider two. 

First : Did Judge Haneey acquire jurisdiction by the infor- 
mation filed before him? and, 

Second: Had he jurisdiction to enter the final order therein? 

Upon the hearing of a petition for habeas corpus, the court 
has no right to inquire into disputed questions of fact or mere 
errors of law committed. Only a court of review has this power. 

Upon habeas corpus the court can only examine the record 
and ascertain whether, upon the face of the record, the commit- 
ting court had jurisdiction to order the relators into imprison- 
ment. If the committing court had not jurisdiction to enter such 
order, any court having the right to issue writs of habeas corpus 
will have the right to discharge the relators from such imprison- 
ment, even though such imprisonment be for, contempt of another 
court. 

In ex parte George W. Thatcher, 2d Gilman, our own 
Supreme Court on a writ of habeas corpus, discharged the rela- 
tor from imprisonment by the the County Commissioners' Court, 
for contempt of such latter court. 

In Miskimins vs. Shaver, Sheriff, decided September 18, 1899, 
and published in the 58th Pac. Rep., page 411, the Supreme Court 
of Wyoming discharged a prisoner held for contempt of another 
court, holding that "where one imprisoned for contempt sues out 
a writ of habeas corpus, the court before whom such writ is re- 
turnable may examine into the acts constituting such contempt." 
The court held further, that if said acts did not in law constitute 
contempt, the court committing the prisoner acted without juris- 
diction and the prisoner should be discharged. 

In re Blush, was a case decided by the Court of Appeals of 
Kansas, March 17, 1897, published in the 58th Pac. Rep., page 
147. The court in that case discharged the relator on an original 
habeas corpus proceeding, who was imprisoned for contempt of 
the District Court. 

In Wyatt vs. The People, published in 28th Pac. Rep., 961, 
decided February 1, 1892, the Supreme Court of Colorado 
released in an original habeas corpus proceeding a relator who 
was fined for contempt of court alleged to have been committed 
in the Criminal Court of Arapahoe County. 

In re Nichols, published in the 28th Pac. Rep., 1076, the 
Supreme Court of Kansas, on February 6, 1892, upon an original 



DUNNE JUDGE, MAYOR, GOVERNOR 19 

"vvrit of habeas corpus, discharged the relator who was impris- 
oned for an alleged contempt of the District Court of Kansas. 

On July 2, 1890, the Supreme Court of Michigan released a 
relator upon habeas corpus from imprisonment for an alleged 
contempt of the Circuit Court of Wayne County. 

The case is entitled "In re Woods," reported in the 45th 
Northwestern Reporter, page 1113. 

The Supreme Court of AVashington, on July 13 of the present 
year, released a relator in habeas corpus from imprisonment for 
an alleged contempt of a lower court. 

In re Coulter, 56tli Pac. Rep., 759. 

Church on Habeas Corpus states the law as follows : 

"Where acts alleged to be a contempt do not constitute a 
contempt for which one can be punished by fine or imprisonment, 
the court is without jurisdiction, and a judgment of conviction is 
not warranted by law, and the prisoner will be discharged on 
habeas corpus. Jurisdiction is not obtained by the mere assertion 
of it." 

Church on Habeas Corpus, Sec. 323, Page 454, citing: 

In re Dill, 32 Kan. 668 ; 

Ex parte Grace, 12 Iowa, 208 ; 

79 Am. Dec, 529 ; 

Ex parte Summers, 5 Ired., 149; 

In re Ayres, Scott and McCabe, 123 U. S., 443; 

Cooper vs. The People, 13 Colo., 337 ; 

Ex parte Gordon, 92 Calif., 478 ; and 

Holman vs. Mayer, 34 Tex., 668. 

Other authorities which hold that release from imprisonment 
upon a void process for contempt of court, may be had in habeas 
corpus, might be cited, but the doctrine is too well established to 
call for further citations upon this point. The Circuit, Criminal 
and Superior Courts of the State of Illinois have the same plenary 
jurisdiction in habeas corpus, as has the Supreme Court of the 
State. 

This court has the undoubted right in habeas corpus proceed- 
ings to ascertain whether or not a coordinate court has jurisdiction 
to enter such a final order of commitment as was entered before 
Judge Hanecy. 

Having disposed of the question of the jurisdiction of this 
court, let us consider the points raised by the relators : 

It is first contended that Judge Hanecy never acquired juris- 
diction in the contempt proceeding, because of the fact that the 
information upon which the same was based was not verified. The 
information was filed by the Hon. Simeon P. Shope, who was ap- 
pointed by Judge Hanecy as Special State's Attorney for that 



20 DUNNE — JUDGE, MAYOR, GOVERNOR 

purpose, and the information is signed by him in his alleged official 
capacity and is unverified. 

It is contended by the respondents that, inasmuch as the in- 
formation is filed by a public official who had taken his oath of 
office, that the information need not be verified ; that it was, in fact, 
verified by his oath of office. 

The relators reply that he was never legally appointed to this 
position; that the only authority for the appointment of a special 
State's Attorney by a court is contained in the Revised Statutes 
of Illinois, section 6, chapter 14, upon Attorney Generals and 
State's Attorneys, which reads as follows: 

"Whenever the Attorney General or State's Attorney is sick 
or absent, or unable to attend, or is interested in any cause or 
proceeding, civil or criminal, which it is or may be his duty to 
prosecute or defend, the court in which SUCH cause or proceeding 
is pending may appoint some competent attorney to prosecute or 
defend SUCH cause or proceeding; and the attorney so appointed 
shall have the same power and authority in relation to SUCH cause 
or proceeding as the Attorney General or State's Attorney would 
have had if present and attending to the same." 

Section 5 of the same act declares : 

"That the duties of each State's Attorney shall be: 

"First — To commence and prosecute all actions, suits, indict- 
ments and prosecutions, civil and criminal, in any court of record 
in his county in which the people of the State or county may be 
concerned. ' ' 

Relying on these two sections, it is claimed by the relators that 
it w^as the State's Attorney's duty to prosecute the contempt pro- 
ceedings before Judge Haneey, and that he w^as the only one who 
could do so unless the court, for some of the reasons expressed in 
section 6 of chapter 14, Revised Statutes of Illinois, appointed a 
special State's Attorney. 

The order appointing Judge Shope reads as follows: 

"It appearing to the court that the Attorney General of the 
State of Illinois is absent and not within the jurisdiction of this 
court, and that the State's Attornev of Cook Countv is a party to 
and interested in SAID CAUSE OF THE PEOPLE OF THE 
STATE OF ILLINOIS EX REL. CHARLES S. DENEEN, 
STATE'S ATTORNEY, VS. THE PEOPLES GAS LIGHT & 
COKE COMPANY, this court doth herel)y appoint the Honorable 
Simeon P. Shope, attorney of the bar of this court, to institute and 
prosecute such petition, information or other proceeding as shall 
be proper to bring before the court in legal form the said matter 
of said scandalous publication, in order that the court may legally 
inquire into the matter of said publication, and as to the persons 



DUNNE — JUDGE, MAYOR, GOVERNOR 21 

who may be guilty thereof, to the end that such person may be 
dealt with according to law." 

It will be noticed that in this order there is no finding that the 
State's Attorney of Cook County is interested in the contempt 
proceedings of the People vs. Hearst's Chicago American and 
others, the proceedings under which the relators were found guilty 
of contempt of court. The only finding of the court is that he was 
interested in an altogether different proceeding, to-wit : The People 
vs. the Peoples Gas Light & Coke Company. 

This court is clearly of the opinion that the appointment of 
Judge Shope was not justified under the statute and was illegal 
and void. 

Counsel for the relators have cited a long list of authorities 
to this court, some of which hold that even where an information 
is filed by a State's Attorney that it must be verified to give the 
court jurisdiction, and many more of which hold that no court can 
take jurisdiction of a proceeding for contempt alleged to have 
been committed outside of the presence of the court, unless the 
facts are brought to the notice of the court by a sworn information 
or sworn affidavit. Most of these cases declare that the affidavit 
or verification of the information is necessary to give jurisdiction 
in such cases and released parties found guilty of contempt because 
of the absence of this affidavit upon habeas corpus and upon error. 
Some of these cases were decided in states where the statute re- 
quires that such affidavits should be filed. Others of them are 
decided in states where there was no statute requiring such affidavit, 
but where the proceedings are had according to the "practice of 
common law. 

The following cases hold squarely, in the absence of the statute 
requiring the filing of an affidavit, that the absence of such affidavit 
is fatal, because the same is indispensable to give jurisdiction: 

Freeman vs. City of Huron, 66 N. W. Rep., 928 (S. D.) ; 

Wilson vs. Territory, 1 Wy., 155 ; 

State vs. Blackwell, 10 S. Car., 155 ; 

Wyatt vs. People, 17 Colo., 232 ; 

State vs. Sweetland, 54 N. W. Rep., 415. 

. In the latter case there was a provision in the statute requiring 
the filing of an affidavit, but the decision declares that the .statute 
is declaratory of the common law, and that the decision is based 
upon the common law as well as the statute. 

In addition to the foregoing the following cases hold the 
affidavit jurisdictional, but they are all in states where the statute 
itself provides for the filing of the affidavit : 

In re Blush, 48 Pac. Rep., 147 ; 

In re Smith, 52 Kans., 13 ; 



22 DUNNE — JUDGE, MAYOR, GOVERNOR 

In re AVood, 45 N. W. Rep., 1113 (82 Mich.) ; 

Ex parte Rockert, 126 Calif., 244 ; 

In re Nichol, 26 Pac. Rep., 1076 (Kans.) ; 

In re Coulter, 56 Pa. Rep., 759 ; 

Thomas vs. The People, 14 Colo., 254; 

Worland vs. State, 82 Ind., 49; 

State vs. Kaiser, 203 Pa. Rep., 964 (Ore.) ; 

State vs. Conn., 62 Pac. Rep., 269. 

The authorities in the State of Illinois seem to hold to the 
same position. 

In Oster vs. The People, decided October 24, 1901, the Supreme 
Court declares that "as a general rule attachment for contempt 
alleged to have been committed out of the presence of the court 
should be based upon an affidavit stating the facts constituting the 
alleged contempt." Citing 4th Ency. of Pleadings and Practice, 
779. 

In Chapin vs. The People, 57 111. App., 577, the Appellate 
Court holds as follows : 

"When a contempt is committed out of the presence of the 
court the court has no power to proceed summarily against the 
offender without the filing of a written complaint or affidavit to 
set the machinery of the court in motion." 

Moreover, the Constitution of this State declares, section 6 
of article 2 of the Bill of Rights, that "no warrant shall issue 
without probable cause, supported by affidavit particularly de- 
scribing the place to be searched and the 'persons' or things to be 
seized. ' ' 

The authorities, however, are not uniform upon this question. 

The Supreme Court of Massachusetts, in Telegram Newspaper 
Company vs. Commonwealth, held that when it comes in any man- 
ner to the knowledge of the court that articles are published in 
a newspaper circulated in the place where the court is held which 
are calculated to prevent a fair trial of the cause on trial before 
the court, the court, on its own motion, can institute proceedings 
for contempt. 

In State vs. Gibson, a West Virginia case, reported in 10th 
Southeastern Reporter, on page 58, it was held "that neither the 
statute nor the common law makes it absolutely necessary that an 
affidavit should be filed on which to base such a rule (referring 
to a rule to show cause in contempt proceeding). Such a rule is 
usually properly based on affidavits, but I don't regard it as abso- 
lutely necessary in every case. ' ' 

And so in State vs. Frew, 24 W. Va., it was held that where 
a contempt is not committed in open court the usual course is to 
issue a rule to show cause why an attachment should not issue, 



DUNNE JUDGE, MAYOR, GOVERNOR 23 

though the attachment sometimes issues in the first instance. Such 
a rule is usually based in case of constructive contempt on affidavit 
or other sworn statement of the facts constituting the alleged con- 
tempt, but this is not always essential. The court may act on its 
own information or on the unsworn statement of a member of the 
bar in cases where the facts are clear and unmistakable, such as 
contemptuous publications in a newspaper. 

In ex parte Wall, 107 U. S., 271, the court declares : 
"It would, undoubtedly, have been more regular to have re- 
quired the charge to be made by affidavit, and to have had a copy 
thereof served (with the rule) upon the petitioner. But the cir- 
cumstances of the case as shown by the return of the Judge seems 
to us to have been sufficient to authorize the issuing of the rule 
without such affidavit." 

And in ex parte Henry Petrie, 38 111., 498, it was held that 
"in a proceeding against a party by attachment for an alleged 
contempt for disobedience to an order of the court, it is not neces- 
sary that notice of the proceeding shall be given to the party before 
the attachment can properly issue. ' ' 

In the case entitled in re Cheesman, 49 N. J. L., 142, the 
Supreme Court of that state declared : 

"No doubt the ordinary course of practice in such cases in 
courts of law is that an affidavit of the facts should first be pre- 
sented; * * * but the practice has not been uniform. Some- 
times a rule to show cause has been allowed without an affidavit, 
on a mere suggestion; sometimes an attachment has been issued 
without a rule to show cause; sometimes punishment has been in- 
flicted forthwith on the offender's confession when brought in by 
the writ, without interrogatories; and sometimes * * * the 
penalty has been imposed on the offender's admissions under the 
original rule, without either writ or interrogatories. So that these 
various steps are manifestly not jurisdictional, except to the extent 
of laying before the court matters which constitute a contempt, and 
affording to the party accused a fair opportunity of denying or 
confessing their truth. ' ' 

The weight of authorities seems to incline to the contention 
of the relators that an affidavit is jurisdictional. But the law must 
be very clear and unmistakeable to justify a coordinate court in 
releasing a relator upon habeas corpus. As there is a conflict in 
the authorities, this court is not disposed to sustain the contention 
of the relators' counsel and release the prisoners upon this ground, 
although in the opinion of the court the authorities strongly pre- 
ponderate in favor of the relators' contention. 

It remains, then, to dispose of the question as to whether or not 
Judge Hanecy had jurisdiction to enter the flnal order of commit- 



24 DUNNE — JUDGE, MAYOR, GOVERNOR 

ment under which the relators in this cause are held by the sheriff 
of Cook County. 

Under the common law it was contempt of court to slander or 
libel or speak disparagingly or disrespectfully of any judge of a 
superior court at any time. It was held that such conduct brought 
the administration of the law into disrepute and contempt. Such 
was the law in England up to within at least a few years before the 
American Revolution. Such has never been the law in the State 
of Illinois, nor in most of the states of the United States. 

It is admitted by counsel for the respondents that any man in 
the State of Illinois may slander or libel or speak in a disparagingly 
or disrespectful way of a judge upon the bench in relation to 
the action of such judge in a lawsuit which has been disposed of 
and adjudicated by him without exposing the author of such 
slander or libel to proceedings in the nature of a contempt of court. 
The sole remedy of the judge as against the author of such libel 
or slander is the remedy which is given to every citizen of the 
State, to-wit, the right to sue civilly and to indict criminally. 

Counsel for the respondents in conceding such to be the law 
show that they are familiar with all the decisions of our Supreme 
Court in' relation to contempts of court. 

In Stuart vs. The People, 3 Scam., 404, the court declared: 

"Contempts are either direct, such as are offered to the court 
while sitting as such and in its presence, or constructive, being 
offered, not in its presence, but tending by their operation to ob- 
struct and embarrass or prevent the due administration of justice. 
Into this vortex of constructive contempts have been drawn by the 
British courts many acts which have no tendency to obstruct the 
administration of justice, but rather to wound the feelings or offend 
the personal dignity of the judge, and fines imposed and imprison- 
ment denounced so frequently and with so little question as to have 
ripened, in the estimation of many, into a common law principle; 
and it is urged that, inasmuch as the common law principle is in 
force here by legislative enactment, this principle is also in force. 
But we have said in several cases that such portions only of the 
common law as are applicable to our institutions and suited to the 
genius of our people can be regarded as in force. It has been 
modified by the prevalence of free principles and the general im- 
provement of society, and whilst we admire it as a system, having 
no blind devotion for its errors and defects, we cannot but hope 
that in the progress of time it will receive many more improvements 
and be relieved from most of its blemishes. "CONSTITUTIONAL 
PROVISIONS ARE MUCH SAFER GUARANTIES FOR CIVIL 
LIBERTY AND PERSONAIj RIGHTS THAN THOSE OF THE 
COMMON LAW, however much they may be said to protect them. 



DUNNE — JUDGE, MAYOR, GOVERNOR 



25 



"If a judge be libeled by the public press he and his assailants 
should be placed on equal grounds and their common arbiter should 
be a jury of the country ; and if he has received an injury ample 
remuneration will be made. 

"In restricting the power to punish for contempts, to the 
cases specified, more benefits will result than by enlarging it. It is 
at best an arbitrary power, and should only be exercised .on the 
preservative and not on the vindicative principle. It is not a jewel 
of the court, to be admired and prized, but a rod rather, and most 
potent when rarely used. 

"The whole case being presented to this court, in the same 
form and manner in which it was presented before the Circuit 
Court, we are satisfied that no contempt was committed of which 
that court could take jurisdiction and accordingly reverse the 
judgment. ' ' 

This was said of a publication in a newspaper, during the trial 
of a case, which charged the court with directing the officers of the 
court to close the doors during the trial of Stone, to prevent all 
ingress and egress; and another publication, in the same paper, 
which declared that one individual said that "the weakness of His 
Honor's head would not permit of the noise and confusion of a 
crowd and a proper attention to the trial of the cause all at the 
same time. ' ' 

This was the first case in which the question of the right of a 
court to punish for constructive contempt arose in this State. The 
last case is Storey vs. The People, 79 111., 45. 

In this case the Chicago Times published certain libelous arti- 
cles concerning the members of a grand jury which had returned 
three indictments against the editor of that paper, and the court, 
in commenting upon the question as to whether the editor was liable 
for contempt of court for making such publication, used the fol- 
lowing language : 

"The only question, therefore, is, assuming the article to be 
libelous, whether the publishing of a libel on a grand jury, or on any 
of the members thereof, because of an act ALREADY DONE, may 
be summarily punished as a contempt. 

"We do not understand the articles as having a tendency 
directly to impede, embarrass or obstruct the grand jury in the dis- 
charge of any of its duties remaining to be discharged after the 
publications were made. * * * All that it would seem could 
be claimed is that the publication would cause disrespect to be en- 
tertained by the public for the grand jury, and for its action in 
the particular cases criticised, and thereby tend to that extent to 
bring odium upon the administration of the law. * * * It is 
not denied by counsel for the respondents that courts may punish, 
as for contempt, those who do any act directly tending to impede. 



26 DUNNE — JUDGE, MAYOR, GOVERNOR 

embarrass or obstruct the administration of the law; but they do 
deny that any publication, however disrespectful, when applied to 
jurymen in regard to the manner in which they have ALREADY 
DISCHARGED a duty, does or is calculated to impede, embarrass 
or obstruct the administration of the \slw. 

"Authority may be found in the textbook and in English 
and American cases, holding a doctrine at variance with this posi- 
tion. Thus, for instance, Blackstone, says, in showing how con- 
tempt of court may be committed, 'it may be by speaking or writing 
contemptuously of the court or judges, acting ' in their judicial 
capacity; by printing false accounts (or even true ones, without 
proper permission) of causes then depending in judgment; and by 
anything, in short, that demonstrates a gross want of that regard 
and respect which, when courts of justice are deprived of their 
authority is entirely lost among the people.' But the law in rela- 
tion to contempt has never been held, in any case decided b}'^ this 
court, to be so indefinitely broad as it is thus stated by Blackstone. 
Our Constitution and statutes certainly affect the question to some 
extent and it is only in determining precisely how far they do so 
that we have any difficulty." 

The decision then proceeds to discuss the Stuart case, herein- 
before mentioned, and then continues: 

"It was said in that case (the Stuart case), in speaking of the 
power to punish for contempt in case of mere libels upon the court 
having no direct tendency to interfere with the administration of 
the law: 'It does not seem necessary for the protection of courts 
in the exercise of their legitimate powers that this one, so liable to 
abuse, should also be conceded to them.' " 

The court then goes on to discuss the case of The People vs. 
Wilson, 64 111., 195, in which the Supreme Court, by a bare majority 
of one, held the Chicago Journal liable for contempt of court for 
publishing a libelous article upon the Supreme Court itself relating 
to a case then pending and undetermined in that court. 

In analyzing that case the Supreme Court, in the Storey case, 
declared (page 50) that "the decision turned upon the point, as 
will be seen by reference to the opinion of the Chief Justice, that 
the cause in reference to which the article was published was 
THEN PENDING before the court, UNDECIDED and that the 
article was CALCULATED to and was DESIGNED to influence 
the members of the court in deciding it." 

Continuing, the Court declares: 

"Courts, however, possess certain common-law powers, subject 
to modification that may have been imposed by our constitution and 
statutes, among which is included that of punishing for contempts. 

"Differences of opinion have been entertained by members of 
this court at different times, in regard to the extent of such modi- 



DUNNE JUDGE, MAYOR, GOVERNOR 27 

fications: AND WE FEEL CONSTRAINED, in giving expres- 
sion to our views in the present case, TO DISAGREE TO SOME 
EXTENT WITH REMARKS MADE BY SOME OF THE MEM- 
BERS COMPOSING THE MAJORITY OF THE COURT IN 
WILSON'S CASE, SUPRA. 

"In our opinion IT IS NOT ADMISSIBLE, UNDER OUR 
CONSTITUTION, THAT A PUBLICATION, HOWEVER LI- 
BELOUS, NOT DIRECTLY CALCULATED TO HINDER, OB- 
STRUCT OR DELAY COURTS in the exercise of their proper 
functions, SHALL BE TREATED AND PUNISHED, SUM- 
MARILY, AS A CONTEMPT OF COURT. * * * 

"In this State our Constitution guarantees 'that every person 
may freely speak, write and publish on all subjects, being respon- 
sible for the abuse of that liberty; and in all trials for libel, both 
civil and criminal, the truth, when published with good motives 
and for justifiable ends, shall be a sufficient defense.' 

"This language, plain and explicit as it is, cannot be held to 
have no application to courts, or those by whom they are conducted. 
The judiciary is elective, and the jurors, although appointed, are 
in general appointed by a board whose members are elected by 
popular vote. There is, therefore, the same responsibility, in theory, 
in the judicial department that exists in the legislative and execu- 
tive departments to the people, for the diligent and faithful dis- 
charge of all duties enjoined on it; and the same necessity exists for 
public information with regard to the conduct and character of 
those entrusted to discharge those duties, in order that the elective 
franchise shall be intelligibly exercised, as obtains in regard to the 
other departments of the government." 

"When it is conceded that the guaranty of this clause of the 
Constitution extends to words spoken or published in regard to 
judicial conduct and character, it would seem necessarily to follo\v 
that the defendant has the right to make a defense which can only 
be properly tried by a jury, and which the Judge of a court, 
especially if he is himself the subject of the publication, is un- 
fitted to try." 

"Entertaining these vieM'S, the judgment of the court below 
must be reversed, and the respondents discharged." 

The law of the State of Illinois upon constructive contempt, 
as laid down in this decision, has never been changed, modified or 
disturbed from the date when the same was rendered down to the 
present time. It is in full force and effect today, as is conceded 
by counsel for the respondents. It follows, therefore, that if there 
was a proceeding PENDING before Judge Hanecy at the time 
of the publication of these articles, and the cartoon in question, the 
decision of which by Judge Hanecy would have been impeded, 
embarrassed or obstructed by the publication of the same, that it 



28 DUNNE JUDGE, MAYOR, GOVERNOR 

was constructively a contempt of court, and that the relator should 
be remanded. If, on the other hand, there was no proceeding 
PENDING before Judge Hanecy, which the publication of these 
articles might affect, then, under the law as laid down in the Storey 
case, no contempt of court could have been committed by the pub- 
lication of these articles, however libelous they may have been. 

The question as to whether or not a cause or proceeding was 
PENDING before Judge Hanecy is a question of LAW and not of 
FACT. The facts as set out in the amended information and ad- 
mitted and restated in the defendants' answers, are identical, 
verbatim et literatim. 

Upon concluding the reading of his opinion, Judge Hanecy 
declared in open court "the order of August 9, 1901, is set aside 
and the petition for leave to file and the information are dismissed ' ' ; 
and again, ''the order of August 9, 1901, and the petition for leave 
to file and the information itself dismissed." 

Was this, or was this not a final order ? 

Counsel for the relators claim that this language was the final 
judgment of the court. 

Counsel for the respondents admit that the language was used, 
but contend that because the clerk did liot enter it of record the 
case was not finally disposed of. 

The relators swear in their answers that they understood it 
to be the final order of the court, and they attach to their answer 
excerpts from publications made by the Chicago Daily News, the 
Chicago Post, the Chicago Journal, the Inter Ocean, the Tribune, 
the Chicago Herald, and the Chicago Chronicle, all published either 
on the 28th of October, 1901, or the 29th, which show that the re- 
porters of these papers, as well as the reporters for the American, 
understood that it was a final disposition of the case. 

Reporters of modern newspapers as a rule are a highly edu- 
cated, intelligent class of men and women, as competent to judge 
of the meaning of the ordinary English language as the ordinary 
lawyer, and the nonlegal world — as evidenced by the conduct of 
the newspapers — certainly understood the language as a final dis- 
position of the case so far as Judge Hanecy was concerned. 

Let us examine the law books and see whether or not the law 
writers would call the use of such language, in open court, a 
final jiidgment. 

Black on Judgments, vol 1, section 106, declares: 

"The rendition of a judgment is the judicial act of the court 
in pronouncing the sentence of the law upon the facts in con- 
troversy as ascertained by the pleadings and the verdict. The 
ENTRY of a judgment is a ministerial act, which consists of 
spreading upon the record a statement of the final conclusion 
reached by the court in the matter. * * * in the nature of 



DUNNE JUDGE, MAYOR, GOVERNOR 29 

things, a judgment must be RENDERED before it can be 
ENTERED. And not only that, but though the judgment be not 
entered at all, still it is none the less a judgment. The omission 
to enter it does not destroy it, nor does its vitality remain in 
abeyance until it is put upon the record. The entry may be sup- 
plied, perhaps after the lapse of years, by an order nunc pro 
tunc. ... * * As is said by the Supreme Court of California: 
'The enforcement of a judgment does not depend upon its 
ENTRY or docketing. These are merely ministerial acts, the first 
of which is required to be done for putting in motion the right 
of appeal from the judgment itself, or of limiting the time within 
which the right may be exercised, or in which the judgment may 
be enforced; and the other, for the purpose of creating a lien 
by the judgment upon the real property of the debtor. But 
neither is necessary for the issuance of an execution upon a 
judgment which has been duly rendered. Without docketing an 
entry execution may be issued on the judgment and land levied 
upon and sold, and the deed executed by the sheriff, in fulfillment 
of the sale, not only approves the sale, but also estops the defend- 
ant from controverting the title acquired by it.' " 

Freeman on Judgments, 2d Ed., Sec. 38, declares : 

"Expressions occasionally find their way into reports and 
textbooks, indicating that the entry is essential to the existence 
and force of the judgment. These expressions have escaped from 
their authors when writing of matters OF EVIDENCE, and 
applying the general rule that in each case the best testimony 
which is capable of being produced must be received, to the 
exclusion of every means of proof less satisfactory and less 
authentic. The RENDITION OF a judgment is a judicial act; 
its ENTRY upon the record is merely ministerial. A judgment 
is not what is ENTERED, but what is ORDERED and CON- 
SIDERED. The entry may express more or less than was 
directed by the court, or it may be neglected altogether. Yet in 
either of these cases is the judgment of the court any less its 
judgment than though it was accurately entered. In the very 
nature of things the act must be perfect before its history can be 
so. And the imperfection or neglect of its history fails to modify 
or obliterate the act." 

The distinction between the RENDITION of a judgment and 
its ENTRY is clearly pointed out by our Supreme Court in the 
case of Blatchford vs. Newberry, 100 Illinois, 484. 

In discussing a provision of the statute which authorizes the 
Supreme Court in vacation to correct a judgment which might 
have been erroneously ENTERED by the clerk the court uses the 
following language : 



30 DUNNE — JUDGE, MAYOR, GOVERNOR 

"It will be observed that the power here assumed to be con- 
ferred upon the judges is not to grant rehearings, but when a 
judgment is found to have been erroneously entered up to 
change the same without ordering a rehearing. The words 
'RENDERED' and 'ENTERED' are plainly used antithetically, 
and each in its distinctive correct legal sense, 'rendered' being 
used to indicate the giving of the judgment and 'entered' to indi- 
cate the act of placing the judgment RENDERED on record. In 
other words, enrolling or recording it. 'Erroneously ENTER- 
ING up a judgment' expresses only an error in the clerical act 
of placing it upon the record and implies that the judgment 
enrolled or recorded is not the judgment RENDERED or given" 
(pp. 489-490). 

In Fontaine vs. Hudson, 93 Mo., 62. decided in 1887, and 
reported in the 5th Southwestern Reporter, 692, the court holds: 

"That it is not essential to the validity of records of courts 
in this State that they should be signed by the judge, and that 
the party in whose favor any judgment is. rendered may have 
execution in conformity therewith, that the right to the execu- 
tion follows EO INSTANTE upon the RENDITION of the judg- 
ment. The RENDITION of the judgment is the judicial act 
upon which the execution rests. Its ENTRY upon the record is 
a mere ministerial act evidencing the judicial act, but not essen- 
tial to its validity or giving to the judgment any additional 
force or efficacy. A valid judgment rendered will support and 
validate an execution issued in conformity therewith, although 
the formal record evidence of its rendition may not have been in 
existence at the time the execution issued." 

The court in that case confirmed the title of a purchaser 
upon execution sale, although the judgment was not entered of 
record when execution issued. 

In ■ Los Angeles County Bank vs. Raynor, 61 Calif., 147, 
which was an action for the possession of land brought upon a 
sheriff: 's deed obtained under an execution which had been issued 
before the judgment was entered of record, the court sustained 
the title based upon said sheriff's deed. This is the case cited by 
Black in his work on judgments hereinbefore quoted. 

In the case of Sieber et al., vs. Frink et al., 7th Colo., 151, the 
Supreme Court of that State declares: 

"The pronouncing of a judgment is a judicial act; the entry 
of record is a ministerial duty. The judgment is complete when 
properly declared, though the mechanical act of recording the 
same has not been performed." 

The Supreme Court of North Carolina, in 91 Am. Dec. 93, in 
the case of Davis vs. Shaver, declared : 



DUNNE JUDGE, MAYOR, GOVERNOR 31 

''The entry is a memorial of what the judgment was. If 
there had been no entry at all, it would have been competent for 
his honor to have it entered NUNC PRO TUNC, upon his being 
satisfied that judgment was in fact delivered. ' ' 

In Baker vs. Baker, reported in 8th N, "W. Rep., 291, the 
court declares: 

"The testimony is most clear, positive and conclusive that 
this order was actually made by the Probate Court, but through 
inadvertence was not signed. But we apprehend that the fail- 
ure to sign did not defeat the order; that it took effect as the 
decision of the court, notwithstanding that omission. The 
judicial act performed was in deciding upon the application and 
announcing such decision. True, the County Court is a court of 
record, having a seal, and each judge of said court is required 
to keep a true and fair record of each order, sentence and judg- 
ment of the court. Properly, the order in question should have 
been entered of record. But the failure to do this, or to sign 
the order, did not have the effect to nullify or destroy the decision 
which was actually made." 

In Schuster vs. Rader, 13 Colo. Rep., 334, the Supreme Court 
of that State declares : 

"At common law the giving of judgment was a judicial act, 
to be performed only by the court sitting at stated time and 
places. * * * The judgment having been so pronounced in 
open court, the act of entering the same in the record by -the 
clerk was purely ministerial and was not essential to the exist- 
ence of the judgment so rendered, though the entry was neces- 
sary to preserve it, and as a matter of proof, was the best evi- 
dence of its existence. The judgment derived its force and 
effect from the fact that it had been so considered, adjudged and 
decreed by the court ; and it became effective from the time of 
such adjudication and promulgation in open court, though the 
ministerial act of entering the same in the records of the court 
might be delayed." 

In the case of Ward vs. White, 66 111., App., 156, the court 
declared : 

"It appears that there was no entry by the clerk of the case 
in which judgment was rendered, on the docket of the court, or 
the trial calendar, or the judge's docket, or upon the clerk's 
docket, and there were no minutes of the judge upon his docket 
of the entry of the judgment or the finding of the court thereon. 

"It is insisted that the Circuit Court obtained no jurisdiction 
of the case, to enter the judgment, for the reason that there was 
no 'note, minute or memorandum made by the judge,' or under 



32 DUNNE — JUDGE, MAYOR, GOVERNOR 

his direction, upon the docket of the term or upon the papers, 
files or some memorial paper found of record in the court." 

Notwithstanding the court held that a judgment was actu- 
ally rendered and that it was a valid judgment and declared: 

"The court had power to pass on the case orally and order 
the clerk orally to enter the judgment and the duty of the clerk 
was to enter the judgment accordingly. * * * The clerk is a 
mere ministerial officer and enters only such orders and judg- 
ments as he is ordered by the court." 

In the case of Metzger vs. "Wooldridge, 183 111., 178, our 
Supreme Court uses the following language : 

"It is true, as insisted by counsel for appellants, that a 
judgment is not necessarily what is entered by the clerk, but 
that which is ordered and considered by the court." 

In the Encyclopedia of Pleadings and Practice, Vol. 18, page 
429, on Judgments, the following language is used : 

"The act, after the trial and final submission of a case, of 
pronouncing judgment in language which finally determines the 
rights of the parties to the action and leaves nothing more to be 
done except the entry of the judgment by the clerk, constitutes 
the rendition of a judgment. No particular form is required in 
the proceedings of a court to render them an order of judgment. 
It is sufficient if they are final. The RENDITION and the 
ENTRY of a judgment are entirely different things. The first is 
a purely judicial act of the court alone, and must be first in the 
order of time, while the entry is merely evidence that a judgment 
has been rendered, and is purely a ministerial act (pp. 429-430). 
In none of these citations, however, is the distinction between 
a judgment and the entry thereof more clearly drawn and dis- 
tinguished than is done by the statutes of this state. Chapter 25 
of the Revised Statutes relates to clerks of courts. Sec. 14 of 
this chapter reads as follows : 

"They (the clerks) shall enter of record all judgments, 
decrees and orders of their respective courts before the final 
adjournment of the respective terms thereof, OR AS SOON 
THEREAFTER AS PRACTICABLE." 

The following, Section 16, then provides, "that any clerk 
who fails to enter of record all * * * judgments and decrees 
of the court by or before the next succeeding regular term of 
the court shall be fined not exceeding $100." 

It thus appears that by the statutes of this State that after 
the close of the term and when the court itself has lost all juris- 
diction over the judgment rendered at that term that the clerk 
is permitted to enter up the judgments rendered by the judge at 
the term. 



DUNNE — JUDGE, MAYOR, GOVERNOR 33 

Could the distinction between the judgment itself and the 
entry thereof be more clearly pointed out ? 

As opposed to this mass of authorities as to what constitutes 
a judgment, counsel for respondents in the case at bar rely upon 
certain cases which will now be noticed and discussed. 

Judson vs. Gage, 98 Fed. Rep., 542, In that case the judge 
noted upon his minute book as follows : 

''Oct. 5 (517) Gage, Secretary of Treasury, vs. Judson. 
Award of $32,000 in favor of Judson, and United States is satis- 
fied with award and asks report to be accepted, and discontinue 
as to others. Order discontinuance granted. Balance continued^ 
October 7, and United States (Gage) vs. Judson; award approved 
and accepted; $32,000." 

The judge who made these entries held "that these minutes 
were not in any sense the entries of a judgment. They are the 
mere memoranda of the judge as to the proceedings in court and 
as to the course to be pursued when the judgment file shall be 
presented." 

The Circuit Court of Appeals expressly held in relation to 
this entry : 

"The oral expression of the District Judge in regard to the 
propriety of the acceptance of the report is not a judgment until 
it has become a written order of court. Until then it has not 
taken the form of an authoritative decree, and is not operative. 
A JUDGMENT IN FORM WAS NOT ASKED FOR. The cause 
was continued to the next term of the court, when some one, 
apparently recognizing that the cause was not at an end, pre- 
pared a written judgment, which was signed by the judge, and 
which spoke from that term." In other words, there was no 
evidence of any sort of a judgment having IN FACT been ren- 
dered. 

In the case of State vs. Tugwell, 19 Wash., Rep., 242, cited by 
counsel for respondents, the facts that appear of record were 
that on the 24th of February, 1898, a certain libelous article was 
published concerning the Supreme Court. On the 18tli of Feb- 
ruary a majority of the court had rendered an OPINION. On the 
very date of the publication of the article a dissenting OPINION 
had been rendered by two of the judges. On February 28, 1898, 
a petition for the modification of the opinion by the majority 
of the court was filed, and on March 2, 1898, a majority opinion 
of the court was filed denying the last petition for modification 
of the opinion of reversal, and final JUDGMENT was entered 
on March 9, 1898. 

In other words, when the libel was published which it was 
claimed was contempt of court the cause was still pending and 



34 DUNNE — JUDGE, MAYOR, GOVERNOR 

undetermined and the final order was not entered until thirteen 
days afterward. 

Counsel for respondents also cite "Encyclopedia of Pleading 
and Practice," Vol. 8, which holds that a court may at any time 
before closing of term at which judgment is rendered grant a 
new trial or modify or correct his findings. 

No one questions that this is law, but the fact that a court 
may modify or change or set aside a judgment during a term 
•does not mean that a judgment already rendered is not in full 
force and effect until modified or set aside. 

They also cite "Encyclopedia of Pleadings and Practice," Vol. 
11, which declares that the DECISION or FINDING of a court, 
referee or committee does not constitute a judgment, but merely 
forms a basis upon which the judgment is subsequently to be 
rendered. 

Wliat relation this can have to the language used by Judge 
Hanecy this court is unable to discover. 

They also cite the case of Fisliback vs. The State, 131 Ind., 
313, in which the court declares : 

"But as to the pendency of the action, it may be said that 
its pendency does not terminate with the return of the verdict of 
the jury or the rendition of the judgment, but may be said to be 
pending while it remains in fieri, for after judgment the parties 
are still in court for certain purposes. A motion for a new trial 
may be made and a new trial granted without additional notice." 

This may all be true, and is true, of any case until it is finally 
disposed of, but a final order or judgment rendered during the term 
remains a final order of judgment until it is set aside or modified. 

In the case of Martin vs. Earnhardt, 39 Illinois, 9, it is simply 
held that an entry made on the clerk's docket, which reads as 
follows: "Judgment entered upon verdict for $3,000 and costs," 
is not an entry of a judgment. 

The case of Edwards vs. Evans, 61 111., 493, is a case in which 
the court declared: 

"From the record in this case there has never been a trial 
upon the merits, and we are now asked to affirm the judgment on 
account of the decision between the same parties in Evans vs. 
Edwards, 26 111., 279. * * * The supposed judgment at the 
June term, 1862, of the court below was no judgment. It was 
never entered upon the record. There was only a verdict and an 
order of the judge upon his docket." 

In other words, there was no proof on the docket or otherwise 
that a judgment had in fact been rendered. This case is wholly 
irrelevant to the issues in the case at bar. 



DUNNE JUDGE, MAYOR, GOVERNOR 35 

In Hanson vs. Schlesinger, 125 111., 230, the Court held, which 
is undoubtedly the law, that: 

"During the term of a court all proceedings rest in the breast 
of the judge, and he can amend the record according to the facts 
within his own knowledge." 

No one disputes this is the law, but what bearing or applica- 
tion can it have upon the question as to whether or not a judg- 
ment once rendered continues to be a judgment until changed or 
modified ? 

In the case of Stift vs. Kurtenback, 85 111. App., 38, the court 
holds to the same effect, to-wit: That they (the court) can amend, 
alter, change or modify its records at any time within the term. 

These are the only authorities upon which counsel for respond- 
ents seem to rely with reference to the question as to whether or 
not the language used by Judge Hanecy on the 28th of October, 
1901, amounted to a rendition of a judgment. 

This language, as we have seen, was understood as a final 
order by all the representatives of newspapers present. It was 
also so understood by the attorneys of record in the case, for they 
at once preserved an exception and prayed an appeal. Does not 
the language used clearly indicate that the court entered a final 
order in the case? 

The present tense is used. The orders to be set aside are 
designated and the information itself declared, in the present tense, 
to be dismissed. The court uses the language twice, on both oc- 
casions using the present tense, making complete disposition of the 
motion and complete disposition of the suit itself. 

It is true that one of the counsel declared that he would pre- 
pare a formal order. In other words, an order putting in form the 
judgment rendered. Permission was not given to do even that. The 
court, in response to the suggestion, stated, "submit IT to the other 
side." No directions were given to the clerk not to enter on the 
record the judgment of the court, and it was his, the clerk's min- 
isterial duty, to enter the decision as announced. 

As this court understands the language, it was a plain, clear, 
concise and plenary disposition of the case. 

But it is contended by counsel for the respondents, that even 
if it were a final order of the court, the court had a right to change 
it at any time during the term, and that it was therefore in fieri 
and pending. 

They seem to rely almost solely upon the authority of Fishback 
vs. State, 131 Ind., 313, hereinbefore quoted. 

The language of that opinion hereinbefore quoted was used in 
a case in which a newspaper had published a certain article reflect- 
ing upon the credit of a grand jury, and tending to bring them 
into disrepute and to embarrass and interrupt a legitimate investi- 



36 DUNNE — JUDGE, MAYOR, GOVERNOR 

gation by them as to the commission of a crime at any time during 
their session. As applied to the facts in that case it may have had 
some relevance, but if it be held that an individual or a newspaper 
cannot comment upon the decision of a court, at any time while 
a case is pending in court, even though the final order has been 
entered, without exposing the person so commenting to prosecu- 
tion for contempt of court, it wall amount to a suppression of free 
jspeech and of free press in relation to all judicial proceedings. 

The concluding sentences of the Storey opinion, in which a 
sitting grand jury was libeled, practically abolishes the law of con- 
structive contempt in the State of Illinois. 

In speaking of the clause of the Illinois Constitution relating to 
free speech and a free press, the court declares : 

"THIS LANGUAGE, PLAIN AND EXPLICIT AS IT IS, 
CANNOT BE HELD TO HAVE NO APPLICATION TO THE 
COURTS. * * * 

"WHEN IT IS CONCEDED THAT THE GUARANTY OF 
THIS CLAUSE OF THE CONSTITUTION EXTENDS TO 
WORDS SPOKEN OR PUBLISHED IN REGARD TO JUDI- 
CIAL CONDUCT OR CHARACTER IT WOULD SEEM NECES- 
SARILY TO FOLLOW THAT THE DEPENDANT (Storey) 
HAS A RIGHT TO MAKE A DEFENSE WHICH CAN ONLY 
BE PROPERLY DECIDED BY A JURY, AND WHICH THE 
JUDGE OF A COURT, ESPECIALLY IF HE IS HIMSELF 
THE SUBJECT OF THE PUBLICATION, IS UNFITTED TO 
TRY. 

"Entertaining these views, the judgment of the court below 
must be reversed and the respondent discharged." 

But even if any trace of the law of constructive contempt be 
left in the State of Illinois under the views enunciated by the 
Supreme Court in the Wilson case, which was decided three years 
before the Storey case by a bare majority of the court, after the 
respondent had failed and refused to offer any argument or submit 
any brief — the law of which has been assailed by Wharton in his 
great work on criminal law — such trace of the former law of con- 
structive contempt is confined to w^ords spoken or published con- 
cerning a judge before whom a case is PENDING. 

What is the meaning of the word "pending," as used in the 
Wilson case and referred to in the Storey case ? 

Counsel for relators contend that a "pending" case means a 
case on trial or under consideration by the particular judge whose 
conduct is the subject of criticism. Counsel for respondents contend 
that it means a case which is in any way under the control of such 
judge, even after a final order has been entered by such judge 
therein. All cases are in that condition during the term. 



DUNNE — JUDGE, MAYOR, GOVERNOR 37 

Under the first construction a person or a newspaper could 
lawfully criticise a final order rendered by a judge or court imme- 
diately after its rendition, without committing contempt of court. 
Under the latter construction no man or newspaper could criticise 
a final order entered until the end of the term, wdiich in the 
courts of Cook County lasts one month. In the case of the Supreme 
and Appellate Courts the terms last two and six months, re- 
spectively. 

To give the word "pending" the first construction would be to 
render the constitutional provision that "Every person may freely 
speak, write or publish on all subjects, being responsible for the 
abuse of that liberty, ' ' effective and of benefit to the community. 

To give the word the latter construction would make this pro- 
vision of the Constitution a mere jumble of words without force 
or effect in the community, VERBA PRAETEREA NIL. 

To give the word the former interpretation would enable the 
public to discuss living questions arising in the courts. To give 
it the latter would confine the public to the consideration of what 
is flat, stale and unprofitable. 

The occupation of a journalist in connection with court pro- 
ceedings would be gone. His place would be taken by the historian. 

This court has no hesitation in giving the word the construc- 
tion which is natural and not forced ; which is reasonable and not 
unreasonable ; which is in consonance with modern progress, and 
the letter and spirit of the Supreme law of the State and the Bill 
of Rights. 

Giving the word this construction a "PENDING" CASE 
MEANS SIMPLY A CASE ON TRIAL BEFORE OR UNDER 
CONSIDERATION BY A CERTAIN JUDGE. 

In the case under consideration the quo warranto proceedings 
before Judge Hanecy were "pending" while it was on trial be- 
fore him or under consideration by him. When he rendered his 
opinion and then uttered the words : 

"The order of August 9, 1901, is set aside and the petition 
for leave for filing information, etc., and the information are dis- 
missed, ' ' he entered a final order and the cause was not ' ' pending ' ' 
before him. This order could have been set aside or modified by 
Judge Hanecy during the term, but nevertheless until it was so 
set aside or modified it was a final order. 

NO MORE EFFECTIVE WAY CAN BE CONCEIVED OF 
SUPPRESSING FREE SPEECH AND FREE PRESS IN RE- 
LATION TO PROCEEDINGS IN COURT THAN BY THE 
COURTS SUSTAINING THIS EXTRAORDINARY CONTEN- 
TION ADVANCED BY COUNSEL FOR RESPONDENTS. 



38 DUNNE — JUDGE, MAYOR, GOVERNOR 

In the case under consideration three weeks elapsed between 
October 28, 1901, when Judge Hanecy's decision was rendered, and 
the end of the October term. 

Under the contention of counsel for the respondents no ad- 
verse comment upon that case could have been made until three 
weeks after its rendition. This court cannot accept or put in 
force by legal construction such an extraordinary contention. 

PUBLIC OFFICIALS, EXECUTIVE, LEGISLATIVE AND 
JUDICIAL, HAVE ALWAYS BEEN AND ALWAYS AYILL BE 
SUBJECT TO CRITICISM BECAUSE OF THEIR OFFICIAL 
ACTS. IT IS ONE OF THE INCIDENTS AND BURDENS 
OF A PUBLIC LIFE. 

If the criticism be just it will commend itself to the public 
and be effective for good. If it be unjust and unfair it will fail 
to injure the man assailed. 

TJIERE IS NO GOOD REASON WHY A JUDGE SHOULD 
HAVE A DIFFERENT LAW APPLIED TO HIM THAN IS 
Al'PLIED TO A PRESIDENT, A GOVERNOR OR A MEMBER 
OF THE LEGISLATURE. 

Editorial lawyers who gather their law from the circulation 
department or the counting room, have differed and will continue 
to differ with judges who obtain their law and inspiration from 
law books and legal precedents. But there is no good reason why, 
after the judge has given his exposition of the law and disposed 
of the case before him, SUCH AN EDITORIAL LAAYYER may 
not decide the same case to suit himself. It is only Avhen he fore- 
stalls the judge with his opinion, and endeavors in his paper to 
coerce, intimidate, terrorize, wheedle or cajole the judge into 
agreeing with his newspaper law, that his conduct by any pos- 
sible construction of the Illinois decisions can become contempt 
of court. 

It is not without some reluctance that I feel constrained to 
differ so radically with the able and honorable jurist whose order 
has committed the relators to jail, because of the undeserved as- 
sault upon him, and because of my respect and friendship for him. 
But such considerations must give way before the vital principle 
involved in the protection of free speech and a free press, a prin- 
ciple so important that it has been carefully and zealously 
guarded by the Constitution of our State and the Constitution of 
the United States and the well considered decisions of our own 
Supreme Court. 

I am clearly of the opinion that the language used in open 
court by Judge Hanecy on October 28, 1901, amounted to a final 
order disposing of the case under consideration, and that being 
a final order, under the doctrine of "Contempts," as laid down 



DUNNE — JUDGE, MAYOR, GOVERNOR 39 

in this State by our Supreme Court in Storey vs. The People, 
that the relators had a right to comment and criticise that decision, 
even to the extent of libelling the honored and respected judge who 
rendered the opinion, without exposing themselves to prosecution 
for contempt of court. 

Such being the views of the court, and the court being of 
the opinion that upon the undisputed facts in the case, the re- 
lators, under the authority of Storey vs. The People and the other 
authorities cited, did not commit a contempt of court, the relators 
must be discharged, and it is so ordered. 



40 DUNNE — JUDGE, MAYOR, GOVERNOR 



DECISIONS IN IMPORTANT JUDICIAL 

CASES. 

[During his term of service as Judge of the Circuit and 
Criminal Courts of Cook County, Judge Dunne was called upo'n 
to try and decide many important cases, involving often the public 
interest and grave questions of public policy. 

A number of such decisions have been condensed for publica- 
tion in this volume and will be found on the following pages.] 

RESTRICTIONS BY THE STATE UPON INTERSTATE 
COMMERCE. 

Act making it the duty of railroad corporations to weigh grain 
shipped into counties of the third class (Cook County) or into cities of 
50,000 or more inhabitants held to violate Clause 3, Section 8, Article I 
of the Constitution of the United States regarding interstate commerce 
when foreign shipments are involved. 

An action of debt to recover penalties for the violation of 
sections 192 and 193 of the Railroad and Warehouse Act was 
brought by the people against the Lake Shore and Michigan South- 
ern Railway Company, in which Francis A. Riddle represented the 
people and Gardner and MacFadon represented the defendants. 
The matter came on for decision in January, 1893, before Edward 
F. Dunne, as circuit judge. 

STATEMENT OF. THE CASE. 

Section 192 of the Railroad and "Warehouse Act provided that 
in all counties of the third class and in all cities having not less 
than 50,000 inhabitants where bulk grain, mill stuifs, or seeds are 
delivered by any railroad transporting the same from initial points 
to another road for transportation to other points, such road or 
roads receiving the same shall provide suitable appliances for un- 
loading, weighing, and transferring such property from one car 
to another without mixing or in any way changing the identity 
of the property so transferred and such property shall be accu- 
rately Aveighed in suitably covered hopper scales which will de- 
termine actual net weight * * * which weights shall always 
be given in the receipts or bills of lading and used as the basis of 



DUNNE — JUDGE, MAYOR, GOVERNOR 41 

any freight contracts affecting such shipments * * *". Sec- 
tion 193 of the same act provided * * * "2. The practice of 
loading grain, mill stuffs, or seeds into foreign or connecting line 
cars at the initial point for which the grain, mill stuffs, or seeds 
are originally shipped or the running of the original car through 
without transfer shall not relieve the railroad * * * from 

weighing and transporting such property in the manner aforesaid 

* * * " 

By section 195 a penalty for failure to comply with the pro- 
visions of the law of not less than one hundred nor more than five 
hundred dollars w^as provided "to be recovered in an action of 
assumpsit in the name of the People of the State of Illinois for 
the use of the county in which such act or acts of neglect or re- 
fusal shall occur." 

A carload of rye was delivered to the Chicago, Kock Island 
& Pacific Railway Company at Iowa City, Iowa, consigned to 
William H. Beebe & Company, at Keermoor, Clearfield County, 
in the state of Pennsylvania. The rye passed through Chicago 
and Beebe & Company demanded a certificate of the railway 
company, under sections 192 and 193 above referred to, showing 
the correct weight as disclosed by weighing the same in Chicago, 
according to tlie statute. The railroad company refused the cer- 
tificate and the suit was brought to recover the penalty provided 
for in section 195. 

SUBSTANCE OF THE OPINION BY JUDGE DUNNE. 

SUIT NOT BROUGHT IN COMPLIANCE WITH STATUTE. 

As a matter of form the action is faulty, first because not 
brought for the use of the county where the original default and 
refusal to comply with the statute took place as required by the 
statute ; second, it is not shown that the defendant company failed 
to provide suitable appliances for unloading, weighing, and trans- 
ferring the rye in question, as provided by the statute. Section 
194 provides that there must be a failure to comply with all of 
the requirements of sections 192 and 193. 

ACT CONTRAVENES INTERSTATE COMMERCE CLAUSE OF THE CONSTITU- 
TION OF THE UNITED STATES. 

Clause 3, section 8, of article I of the Constitution of the 
United States declares that the Congress of the United States shall 
have power "to regulate commerce with foreign nations and 
among the several states and with the Indian tribes." 

I am of the opinion that the act in question is in contraven- 
tion of that clause of the Constitution and also of the interstate 



42 DUNNE — JUDGE, MAYOR, GOVERNOR 

commerce act passed by Congress so far as it applies to or affects 
goods and merchandise being shipped from other states through 
the State of Illinois to other states of the United States. 

Section 7 of the interstate commerce act which went into 
effect in 1887, a few months before the act of the Illinois Legis- 
lature in question, provides "that it shall be unlawful for any 
common carrier subject to the provisions of this act to enter into 
any combination, contract, or agreement, express or implied, to 
prevent by carriage in different cars or by other means or devices 
the carriage of freight from being continuous from place of ship- 
ment to the place of destination." 

This provision of the interstate commerce act plainly indi- 
cates that it is the policy of the Federal Government to further 
and protect in every possible way the continuous shipment of 
merchandise without check or hindrance. 

Even before the passage of the interstate commerce act the 
Supreme Court of the United States, in the case of Wabash, etc., 
V. Illinois, 118 U. S., 557, 572, declared that the right of continuous 
transportation from one end of the country to the other is essen- 
tial, in the following language: "It can not be too strongly in- 
sisted upon that the right of continuous transportation from one 
end of the country to the other is essential in modern times to that 
freedom of commerce from the restraints which the State might 
choose to impose upon it that the commerce clause was intended 
to secure. This clause, giving to Congress the power to regulate 
commerce among the states and with foreign nations, as this court 
has said before, was among the most important of the subjects 
which prompted the formation of the Constitution. Cook v. 
Pa., 97 U. S., 566, 574; Brown v. Md., 12 Wheaton, 419, 446. 

It thus appears not only from the language of the interstate 
commerce act, but from the construction placed by State and 
Federal Courts upon the intent and aim of the provision of the 
Federal Constitution, that the policy of the Federal Government 
has always been in favor of continuous and unobstructive trans- 
mission of property and passengers between the states. Such 
being the plain provision of the Federal Constitution and Federal 
enactments, how can it be claimed that any state legislation 
which compels the unloading, separate weighing, and reloading 
of grain can be held to be constitutional? 

Celerity in the transportation of passengers and freight is 
now imperatively demanded by the business of the country. Every 
impediment thereto is a burden upon commerce. State statutes 
producing such results are, under the authorities cited, clearly 
in conflict with the Constitution of the United States. Subjects 
of legislation of this character which are in their nature national 



DUNNE — JUDGE, MAYOR, GOVERNOR 43 

affect the whole country aud confined by the Constitution to the 
general Government, are exclusively within the legislative control 
of Congress." Council Bluffs v. K. C. St. J. and C. B. R. R. Co., 
45 Iowa, 349. 

The position I have taken in this matter is, I believe, abund- 
antly sustained by the following among authorities: County of 
Mobile V. Kimball, 102 U. S., 691-702; Wilton v. Mo., 91 U. S., 
275, 280; Original Package Case, 135 U. S., 108; Wabash, etc.. 
Railway Co. v. Illinois, 118 U. S., 577. 

In the case of Stanley v. Wabash, St. L. and P. R. R. Co., 42 
American and England Railroad cases, 328, the Supreme Court of 
Missouri held that "a statute requiring a railroad company to 
furnish double-deck cars for transporting sheep was unconstitu- 
tional as to an interstate shipment. ' ' 

In H. and St. J. R. R. Co. v. Huston, 95 U. S., 473, a statute 
of Missouri prohibiting the entry of Texas cattle at certain times 
of the year was held bad as being in violation of the commerce 
provision of the Constitution. 

In Norfolk and W. R. Co. v. Commonwealth (Va.), 13 South- 
eastern, 345, the court held that a statute of the state of Virginia 
prohibiting the running of freight trains within certain hours on 
Sunday was bad, as being in conflict with the commerce provision 
of the Constitution of the United States. 

SUNDAY CLOSING OF THE WORLD'S FAIR. 

World's Columbian Exposition. Statute autiiorizing Park Board to 
grant use of Jackson Park to World's Columbian Exposition Company for 
the Exposition held valid and a regulation closing the fair grounds estab- 
lished upon said park on Sunday held within the power of the company. 

A suit was brought in 1893 by one Clingman against the 
World's Columbian Exposition and others to enjoin the closing of 
the fair on Sunday and, upon presentation of the matter, a tem- 
porary injunction was granted. 

The hearing of the motion was assigned to Judge Goggin for 
disposal, who insisted upon the calling in of two other judges 
to sit en banc with him on a hearing. The judges so selected 
were Edward F. Dunne and Theodore E. Brentano. 

The hearing before the three judges was upon a motion to 
dissolve the injunction and resulted in one of the most extraor- 
dinary scenes ever witnessed in an American court. 

Tremendous public interest developed in the case, some of the 
citizens of Chicago contending that the exposition should be com- 
pelled to remain open on Sunday and others contending that it 
should be closed. Chiefly because of financial reasons the di- 
rectors of the exposition, thinking it would prove unremunerative 



44 DUNNE — JUDGE, MAYOR, GOVERNOR 

to keep open, decided to close the fair on Sunday. Other reasons 
may have contributed to the same results. 

Shortly after hearing the arguments, Judge Dunne prepared 
a written opinion based upon authorities cited by him, which he 
submitted to his brother judges. Judge Goggin disagreed abso- 
lutely. Judge Brentano had first disagreed with Judge Dunne's 
opinion but afterwards, upon reflection and careful considera- 
tion, announced his intention to concur in Judge Dunne's opinion. 
Judge Dunne and Judge Brentano thereupon urged Judge Goggin 
to prepare his dissenting opinion and after much delay Judge 
Goggin announced that he would have a dissenting opinion ready 
for the hearing on August 31, 1893. 

On that date, after notice to all counsel in the case, the three 
judges appeared upon the bench. To the amazement of his brother 
judges, Judge Goggin failed to read a dissenting opinion but an- 
nounced from the bench that he would enter a motion to continue 
the case. 

Judge Dunne read the opinion of the majority of the court 
but Judge Goggin refused to abide by the opinion of his associates 
upon the bench. 

Upon request of the associate judges a conference in cham- 
bers was held, after which all three judges resumed their seats 
upon the bench and Judges Dunne and Brentano announced that 
upon a conference with their associate, Judge Goggin, he had re- 
fused to enter an order in conformity wath the majority opinion. 

Upon the retirement from the court of Judges Dunne and 
Brentano, Judge Goggin entered an order continuing the case, 
thus preventing the disposal of a motion to dissolve the in- 
junction. 

STATEMENT OF THE CASE. 

The Legislature of the State of Illinois in 1890 enacted a law 
authorizing the South Park Commissioners to allow the use of 
Jackson Park or any part thereof for the purposes of a World's 
Columbian Exposition. Pursuant to this authority the Commis- 
sioners of the South Parks passed an ordinance authorizing the 
exposition officials to take possession of a portion of Jackson Park 
for the purpose of holding the World's Fair. 

The Exposition Company, after erecting the buildings in the 
park, enclosed a portion of said park, erected admission gates and 
began charging the public an admission, pursuant to the authority 
given by the act of the Legislature and an ordinance passed by 
the city council. 

The directors of the Exposition concluded to close the Exposi- 
tion on Sundaj^s, w^hereupon Clingman, the complainant, filed a 



DUNNE — JUDGE, MAYOR, GOVERNOR 45 

bill to enjoin them from so doing. A temporary injunction was 
granted and a motion made to dissolve the same, which came on 
for hearing on August 31, 1893, before Judges Goggin, Dunne 
and Brentano. 

SUBSTANCE OF JUDGE DUNNE'S OPINION. 

An Individual May IVIaintain a Suit in His Own Name to Prevent 
the Diversion of Public Property. 

It is contended on the part of defendants that an individual 
or a mere member of the general public can not come into a court 
of equity and claim to represent the general public, but that suit 
must be brought by the attorney general of the State representing; 
the public at large. 

This is, undoubtedly, the law in cases where it is sought to- 
enjoin public or municipal authorities. In this case, however, the- 
writ is not invoked against any public authority having charge 
or control of public property but is prayed for as against a private 
corporation to whom was surrendered and given over a public 
park. 

The case of Davidson v. Reed, 111 111., 167, seems directly 
in point. That was a bill in equity filed by a private individual 
to restrain another individual from meddling or interfering with 
certain graves in land which had been dedicated to the public 
to be used as a place of burial of the dead. It was held that tlie 
complainant as a private individual could maintain the bill in his 
own name for the benefit of all. To the same effect is Maywood 
v. Maywood, 118 111., 61. 

The State May Alter the Use of Property acquired, by it, Donated 
or Dedicated. 

It is contended that the public has a usufruct in these lands 
for their rest and recreation, which is absolutely inalienable under 
any law or ordinance, and that any citizen, at the present time or 
among the generations yet to come may, by an appeal to a court 
of chancery, enjoin the diversion of these lands to use other than 
the "recreation, health, and benefit of the public," without money 
and without price. 

Many cases are cited by learned counsel in support of this 
contention, but in every case where a court of chancery has inter- 
fered to prevent the diversion of lands used by the public for 
streets, parks, or other purposes, it will be found that the fee of 
the land so used by the public rested in some private person or 
corporation who had dedicated it to public use by platting the 
same or by conveying the same to the public upon a certain trust 



46 DUNNE — JUDGE, MAYOR, GOVERNOR 

or condition. Such were the facts in the following cases : May- 
wood Co. V. The Village of Maywood, 118 111., 61; Davidson v. 
Reed, et al, 111 111., 167 ; the City of Jacksonville v. the Jackson- 
ville Railway Co., 67 111., 540; Grogan v, the Town of Hay ward, 
6 Sawyer, 498, 4 Federal, 161 ; Carter v. Chicago, 51 111., 283 ; Price 
V. Thompson, 48 Mo., 361 ; and Sheehn v. Stothart, 29 La. Ann., 
630. 

The plain distinction between this class of cases and the case 
at bar rests, in the opinion of this court, in the fact that in the case 
under consideration the land acquired by the South Park Commis- 
sioners (Jackson Park) was not donated to public use by private 
owners, clothing it with a special use for the benefit of the public 
and retaining the ownership of the fee in the donator or dedicator, 
but was acquired by purchase or condemnation and paid for by 
public taxation. 

The corporation, designated by the Legislature, holds the 
lands for the people's use, it is true, and the Legislature has de- 
clared, when creating this corporation, for what purpose the land 
is to be used ; but it does not follow as a matter of law that because 
the Legislature had declared at one time a special purpose for 
which the land was to be used, the same Legislature or any sub 
sequent Legislature,' acting for and on behalf of the people, can 
not by law change the use to which the land may be put. 

However desirable it might be that public lands, devoted 
to park purposes for the rest and recreation of the people in a 
great city like Chicago should be forever sacredly devoted to that 
purpose, the present law and Constitution are not effective to that 
end. This desirable consummation can only be attained, in our 
opinion, by an amendment to the Constitution. 

The doctrine here alluded to is thus stated in Vol. VII, 
American and English Encyclopedia of Law, at p. 417, "when 
lands held by a municipality for public use are not subject to 
any special trust, the Legislature may authorize a municipal cor- 
poration to sell and dispose of the same or apply them to uses 
different from those to which they are devoted, but, in the absence 
of such authority (from a Legislature) the municipality has no 
implied power to do so. If the title to the lands has been ac- 
quired by condemnation proceedings, the Legislature may author- 
ize a sale thereof, if the fee is vested in the city, although the title 
of the city may be deemed to have been impressed with a trust to 
hold the lands for the uses for which they were demurred. If, 
however, the lands have been dedicated by private individuals for 
a public park or square, the Legislature has no authority to author- 
ize any diversion from the use to which they were originally 
dedicated. 



DUNNE — JUDGE, MAYOR, GOVERNOR 47 

The rule is recognized in Brooklyn Park Commissioners v. 
Armstrong, 45 N. Y., 234; Clark v. City of Providence, 16 R. I., 
337, 15 AtL, 763; Mowery v. City of Providence, 16 R. I., 422, 
16 Atl., 511 ; Chicago, Rock Island and Pacific R. R. Co. v. The 
City of Joliet, 79 111., 25. 

Dillon, in his admirable work on Municipal Corporations, 
4th Ed., Sec. 651, lays down the law upon this subject in the fol- 
lowing terms: "As between the municipality and general public, 
the legislative power is, in the absence of special constitutional 
restriction, supreme — and so it is in all cases where there are no 
private rights involved. If the municipal corporation holds the 
full title to the ground for public uses without restriction, the 
Legislature may, doubtless, direct and regulate the purposes for 
which the public may use it, but if a grant be made by a pro- 
prietor of a town in laying it out for a specific and limited pur- 
pose, as, for example, a public square, the municipality or public 
acquiring it upon a trust for the uses and purposes set forth on 
the plat or in the conveyance, it has been decided by the Supreme 
Court of Iowa that the grantor in such case retains an interest 
therein of such a nature that it is not as against him within the 

power of the Legislature to authorize its sale by the municipality 

* * * ' ' 

Our own Supreme Court, in the case of People v. "Walsh, 96 
111., 262, has recognized the right of the Legislature to control and 
change the uses of property, the fee of which is held by or for 
the public. In that case, the right of the South Park Commis- 
sioners to change the use of one of the streets of the city of Chi- 
cago to a boulevard was called into question by quo warranto and 
in passing upon the question the court said (p. 248) : "The fee 
of the streets is here, on both sides, stated to be in the city; that 
is to say, the city as the agent or representative of the public 
holds the fee for the use of the public, not the citizens of the city 
alone but the entire public of which the Legislature is the repre- 
sentative. Citing Chicago v. Rumsey, 87 111., 355, and on page 
250 the court, continuing, says that : ' ' The Legislature repre- 
sents the public. So far as concerns the public, it may authorize 
one use today and another and different use tomorrow. If the 
new use affects private rights, proceedings for condemnation may 
have to be invoked, but so far as it affects the public alone, its 
representative, in the absence of constitutional restraint, may 
do as it pleases." 

The conclusion, therefore, seems irresistible that the Legisla- 
ture of the State of Illinois in the absence of constitutional re- 
straint (and none appears) has plenary power to declare by leg- 
islative enactment to what use the lands in question should be put. 



48 DUNNE — JUDGE, MAYOR, GOVERNOR 

By virtue of the Enabling Act, the court is of opinion that the 
World's Columbian Exposition is in lawful possession of the prop- 
erty and had, under the ordinance referred to, the right to enclose 
the property, to charge an admission fee on days on which it 
may be opened and has, also, the right to close the fair grounds 
upon the first, the last, or any other day of the week during the 
fair ; that there is no religious question involved in the case, that 
had the directory decided to keep the gates open every day of the 
week, they would have full authority to do so. 

STATEMENT BY JUDGE DUNNE TO THE PRESS. 

After Judge Goggin had entered the order of continuance, 
Judge Dunne was interviewed as follows : 

"I was invited into a case by a brother judge and was in- 
vited out again. Both invitations I accepted," 

Such was Judge Dunne's comment on the Clingman pro- 
ceedings, 

"At the request of Judge Goggin I consented to hear argu- 
ments on the Clingman injunction. Before a final decision was 
rendered Judge Brentano and myself retired." ' 

"How does that affect the injunction?" was asked. 

"It is still in effect. I left before Judge Goggin entered the 
final order, but am informed that it amounted to a continuance." 

"Will you enter an order on the majority decision?" 

"No, I am out of the case." 

"And Judge Brentano?" 

"He takes the same position." 

"Is not the decision joined in by you and Judge Brentano 
binding on Judge Goggin?" 

"Judge Goggin is the presiding judge and we are out of the 
case. His orders m411 stand. I consented to hear the case only 
after urgent request. A motion to dissolve the injunction had 
been made and it was desired to have two otller judges in the 
case. A third judge of the Superior Court could not be reached 
and I was called on. At that time I had my satchel packed 
for a short vacation, but on the representation of counsel that 
vast public interests were involved I consented to accept the in- 
vitation. We heard the arguments and my decision has been 
prepared some days. Judge Brentano concurred with me and 
Judge Goggin dissented." 

"Would not that joint decision be foundation for a final 
order?" 

"The uninterrupted course of history and precedent is that, 
when judges are invited to participate in a case, the decision of 
the majority is accepted as conclusive. Acting on this belief I 



DUNNE — JUDGE, MAYOR, GOVERNOR 49 

rendered my decision and was interrupted by Judge Goggin, 
who attempted to enter an order. We retired for a conference 
and Judge Brentano and I tried to prevail on Judge Goggin 
to alter his course. He refused and announced that he desired 
no further conference with us. We had been invited to leave 
and did so without entering any order. We returned to the bench 
and announced our retirement from the case. We have nothing 
further to do with the matter." 

THE CONTROL OF CORPORATIONS BY THE STATE. 

Anti-Trust Laws. Held that enough of the anti-trust law of 1891 
is legal to require a corporation to report to the Secretary of State 
annually. 

In the case of The People v. Richards & Kelley Manufactur- 
ing Co., and fifty-six other similar cases, an action of debt was 
filed in the Circuit Court, numbered 200,636, and following 
numbers, to recover penalties for failure of the corporation de- 
fendants to report to the Secretary of State. 

By the pleadings, the defendants admitted failure to report 
and relied upon a claim of unconstitutionality of the act requiring 
the reports. 

The case being considered of extraordinary importance, it 
was requested that three judges sit for the determination thereof, 
and Judges Arba N. Waterman, Murray F. Tuley and Edward 
F. Dunne heard the case on demurrer and rendered an opinion. 
Charles S. Deneen as State's Attorney, represented the people and 
Levy Mayer represented the defendants. 

STATEMENT OF THE CASE. 

Section 1 of the act in question forbade combinations of Cor- 
porations or individuals to regulate or fix the price of any article 
of merchandise or to limit the quantity of commodities and mer- 
chandise to be manufactured, mined, produced, or sold, and pro- 
vided that any person, partnership, or corporation violating the 
law would be deemed guilty of a conspiracy to defraud and sub- 
ject to indictment and punishment, as provided by the act. 

The act of 1891 was amended in 1893 by adding two new 
sections, known as section 7a and 7b. Section 7a provided that 
it shall be the duty of the Secretary of State, on or before the 
first day of September of each year, to address to the President, 
Secretary, or Treasurer of each incorporated company doing busi- 
ness in this State * * * a letter of inquiry as to whether 
the said corporation has all or any part of its business or interest 
in or with any trust, combination or association of persons or 
stockholders, as named in the preceding provisions of this act. 



50 DUNNE — JUDGE, MAYOR, GOVERNOR 

and to require au answer under oath, of the President, Secretary, 
or Treasurer, or any director of said company * * * and 
upon refusal or failure to make oath to said inquiry within thirty 
days, it shall be the duty of the Secretary of State to certify the 
fact to the Attorney General, whose duty it shall be to direct the 
State's Attorney of the county wherein such corporation is 
located, in the name of the people, to proceed against such cor- 
poration for the recovery of a penalty of $50.00 for each day 
after such refusal to make oath, within thirty days from the 
mailing of such notice. 

Or, that the Attorney General may by any proper proceedings 
in a court of law or chancery proceed upon such failure or re- 
fusal to forfeit such charter of such incorporated company * * * 
and to revoke the rights of any foreign corporation located here- 
in to do business in this State. 

Section 7b in substance provided that the Secretary of State, 
at any time, if satisfactory evidence came to him, that any com- 
pany or association of persons has entered into any trust, com- 
bination, or association in violation of the preceding section, to 
demand that it shall make an affidavit, as above set forth. 

Section 7a contained a saving clause, as follows: "Provided, 
that no corporation, firm, association, or individual shall be subject 
in any criminal prosecution by reason of anything truthfully 
disclosed by the affidavit required by this act, or truthfully dis- 
closed in any testimony elicited in the execution thereof, and 
provided, further, that corporations organized under the Build- 
ing, Loan and Homestead Association laws of this State, ore ex- 
cused from the provisions of this act." 

In 1897 the act of 1891 was again amended by adding to 
section 1 the following proviso: "Provided, however, that in 
the mining, manufacturing, or production of articles of merchan- 
dise, the cost of which is mainly made up of wages, it shall not 
be unlawful for persons, firms, or corporations doing business in 
this State to enter into a joint arrangement of any sort, the prin- 
cipal object or effect of w^hich is to maintain or increase wages." 

The Legislature at its session in 1893 passed an act entitled : 
"An act to define trusts and conspiracies against trade," which 
declared contracts in violation of the provisions thereof void, 
making certain violations misdemeanors and describing the pun- 
ishment therefor. 

SUBSTANCE OF THE OPINION BY THE COURT. 

The demurrer to the declaration in this case raises the ques- 
tion of the constitutionality of the Trust Act of 1891, as amended 



DUNNE — JUDGE, MAYOR, GOVERNOR 51 

by the acts of 1893 and of 1897, respectively, and as to whether 
the Trust Act of 1893 does not repeal act of 1891. 

NO REPEAL EFFECTED. 

That the Legislature did not intend to repeal the act of 1891 
by the enactment of the law of 1893 defining "trusts and con- 
spiracies against trade" is made manifest by the fact that at the 
same session, on the same day, the act of 1891 was amended by 
adding Sections 7a and 7b, and by the further fact that the Leg- 
islature of 1897 again amended the act of 1891, at both times, 
treating the act of 1891 as being in full force and effect. 

We see no difficulty in construing the act of 1891, as amend- 
ed, and the act of 1893, defining trusts and conspiracies, so that 
they can both stand, and are of opinion that there is no fatal 
repugnance between the two. 

INVALID PORTION OF THE ACT. 

Section 1 of the act of 1891, as amended in 1897, is uncon- 
stitutional and void; first, because in its legal effect it is an 
amendment of the general incorporation law and operates as an 
amendment to the charters of some but not all of the corporations 
incorporated under said general law. It is, therefore, a special 
law prohibited by section 2, article 2, of the Constitution, which 
prohibits the creation, change, or amendment, by special law, 
of the charter of any corporation excepting those for charitable, 
educational, penal, or reformatory purposes. The Supreme Court 
has held that the power to prescribe regulations and provisions 
which shall be binding upon any and all corporations formed 
under the general law must be exercised by general law and can- 
not be exercised by special law. 

Braceville Coal Co. vs. People, 147 111., 66. 

The Legislature has power to classify corporations and to 
determine what is a proper classification for such purpos'^s, but 
its determination is subject to review by the courts. 
Frorer vs. People, 141 111., 171. 

And is subject to the limitation that such classification must 
not arbitrarily discriminate between corporations in substantially 
the same situation and must rest upon reasonable grounds. Arbi- 
trary selection cannot be justified by calling it classification. 
Gulf C. & S. F. R. R. vs. Eniiis, 165 U. S., 150. 

Section 1, by attempting to separate certain mining and man- 
ufacturing corporations from others and to withdraw them from 
the operation of the act, clearly discriminates arbitrarily. Legis- 
lation of this character making arbitrary classifications and dis- 



52 DUNNE — JUDGE, MAYOR, GOVERNOR 

criminations between persons or classes, has been repeatedly held 
to be in violation of section 2, article 1 of the State Constitution, 
which provides that "no person shall be deprived of life, liberty, 
or property without due process of law." The words "due pro- 
cess of law^" in this connection are held to be synonymous with 
the law of the land and means the general public law, binding 
upon all the members of the community, under all circumstances, 
and not partial or private laws affecting the rights of private in- 
dividuals or classes of individuals. 

Millet vs. The People, 117 111., 294. 

Frorer vs. People, 41 111., 171. 
In the case of Frorer vs. People, supra, the Supreme Court 
said of the law^ and the construction in that case: "The same act 
in substance and in principle, if done by one is lawful, but if 
done by the other is not only unlawful but is a misdemeanor, 
punishable by fine," and for that reason the court held the law 
unconstitutional. In the same case the court held that "under 
the guise of the police power, a person cannot be deprived of a 
constitutional right," and that "it is impossible that under that 
power what is lawful if done by A, if done by B, can be a mis- 
demeanor, the circumstances and conditions being the same." 
Other decisions to the same effect are : 

Braceville Coal Co. vs. People, 147 111., 66. 

Ritchie vs. People, 155 111., 98. 

Eden vs. People, 161 111., 296. 
Such a law violates the fourteenth amendment to the Federal 
Constitution, which prohibits a state from denying "to anj^ per- 
son equal protection of the laws." 

Gulf C. & S. F. R. R. vs. Ennis, 165 U. S., 150. 

In re Converse, 137 U. S., 634. 

Low vs. Rees Printing Co, 41 Neb., 127, 59 N. W., 362. 

Luman vs. Kitchens, 90 Md., 14, 44 Atl., 1051. 
Two of the judges are of the opinion that section 1 must be 
held to have been amended by the act of 1897, and that as amend- 
ed, it must be held unconstitutional and void, for the reasons 
above stated. The other of the three judges held that the ques- 
tion as to whether section 1 of the act of 1891 is still in force, 
is not necessary to a decision in this case ; that all the virus 
of unconstitutionality of the Trust Act is to be found in the pro- 
viso added to section 1 by the amendment of 1897 and quoted 
above, and that section 1 may be preserved by holding the entire 
amendatory act of 1897 unconstitutional and void, or, that the 
proviso may be rejected because repugnant to the purview of the 
act or section and cannot stand without rendering the act or 
section unconstitutional and destructive of itself. The result 



DUNNE — JUDGE, MAYOR, GOVERNOR 53 

would be the same in either case — that part of the law which 
is not obnoxious to the Constitution stands, while that part which 
infringes it is repealed. 

The judges concur in the opinion that the exemption of the 
Loan and Homestead Association, contained in the proviso of 
section 7b in the amendment of 1893, does not affect the validity 
of the act of 1891, as; amended by the amendment of 1893. Loan 
and Homestead Associations are a class to themselves, different 
in many particulars from all other corporations. As to them, 
the exemption and classification is not arbitrary and was within 
the power of the Legislature. 

Lasher vs. The People, 183 111., 226. 

VALID PROVISIONS OF THE ACT. 

It is contended by the defendants that the amendment made 
in 1893 — section 7a, providing for reports to the Secretary of 
State, violates section 10, article 2 of the State Constitution, 
which provides that "no person shall be compelled in any crim- 
inal case to give evidence against himself," and the fifth amend- 
ment to the Federal Constitution, "nor shall any person be com- 
pelled in any criminal case to give evidence or be a witness against 
himself." 

There can be no doubt under the authorities as to the cor- 
rectness of this provision, unless the clause of the act granting 
immunity is broad enough to prevent any prosecution for pen- 
alties or forfeitures in any proceeding in law or equity founded 
upon or growing out of disclosures made by the affidavit re- 
quired by section 7a. The immunity clause of the statute is in 
the following language: "No corporation, firm, association, or 
individual shall be subject to any criminal prosecution by reason 
of anything truthfully disclosed by the affidavit required by this 
act or truthfully disclosed in any testimony elicited in the exe- 
cution thereof." 

In our opinion, this clause is broad enough to protect the 
corporation and officer or officers making the affidavit, not only 
against any criminal prosecution, strictly speaking, but also 
against any prosecution to collect any fine or against any action 
of debt to recover any penalty or against any proceeding at law 
or in equity to enforce a forfeiture of the charter of the corpora- 
tion, which may be brought by reason of anything truthfully dis- 
closed in the affidavit required in the act or disclosed in any 
testimony elicited in the execution thereof. * * * if com- 
plete immunity is afforded corporation and its officers, we can 
see no reason why under the power reserved by the State in sec- 



54 DUNNE — JUDGE, MAYOR, GOVERNOR 

tion 9 of the Corporation Act, the Legislature cannot prescribe 
in the exercise of the police power, a regulation requiring cor- 
porations to make the reports called for by section 7a of this 
act. Because one section of the Statute is unconstitutional, it 
does not follow that other sections of the same act which are 
within the powers given by the Constitution, should not be en- 
forced. 

Nelson vs. People, 33 111., 390. 
Donnersberger vs. Prendergast, 128 111., 229. 

The General Assembly may impose the duty upon any officer 
of a corporation to make report of its affairs and doings to the 
same extent it could impose such duty upon the corporation and 
may make the corporation liable for the failure of such official 
to perform such duty. 

For the purposes of this decision, it is sufficient to hold that 
section 7a (of the amendment of 1893), which imposes the duty 
upon certain officials to make answer to the letter of inquiry 
of the Secretary of State remains in force and that the action 
of debt will lie to enforce the penalty prescribed for a failure to 
perform such duty. 

PAYMENT FOR OVERTIME. 

Labor. Held, that recovery may be had for labor performed after 
hours, where the contract of employment fixed the hours of employment, 
and that the receipt of regular pay for regular employment will not pre- 
vent such recovery. 

Tried in the Circuit Court of Cook County and decided by 
Judge Dunne in May, 1899. 

STATEMENT OF THE CASE. 

One Reid contracted with Levi to work for him as a sales- 
man and stockman, under an agreement in which the hours of em- 
ployment were fixed ''from a quarter before eight to half past 
six, except on Saturdays, when the store would be kept open 
until half past ten." 

By direction of the employer, Reid performed a great deal 
of night work, sometimes working all night. 

He was paid weekly, as per contract, and nothing was said 
at the time of receiving payment by either party as to compen- 
sation for night work until after several months had elapsed. 
Finally a dispute having arisen between Reid and his employer 
relating to the time of taking a vacation, the employer tendered 
Reid his last week's pay and demanded a receipt in full. Reid, 
thereupon, presented his claim for extra labor and demanded 



DUNNE — JUDGE, MAYOR, GOVERNOR 55 

payment. The employer refused to pay and disclaimed liability 
for the overtime and Reid brought this suit. 

Reid kept an accurate account of the overtime and testified 
definitely thereto at the trial, and the jury gave him a verdict, 
whereupon the employer asked the court to grant a new trial. 
Upon the motion for a new trial, Judge Dunne rendered an 
opinion. 

SUBSTANCE OF THE OPINION. 
Employments Distinguished. 

The defense relies upon the principles stated in Wood, on 
Master and Servant, to the effect that " if a servant employed for 
a term is required to labor an unreasonable number of hours each 
day or to perform labor upon the Sabbath, he cannot recover any- 
thing for extra work during the term unless there was an ex- 
press promise to pay therefor." 

This statement is plainly intended to apply to domestic or 
agricultural servants, the very nature of whose employment 
makes them liable to be called upon for assistance every day in 
the week and any hour of the day or night. It can have no ap- 
plication to such a case as that at bar, where a man contracted 
to sell his labor for a certain specified sum per week in commer- 
cial business, specifying in the contract Avhen the day's work 
would commence and when it would close. 

The court distinguished the following cases from the case 
at bar: 

Gisell vs. Noel Bros. Flour, Feed Co., 9 Ind. App., 251. 

Foster vs. Grigg, 111 Mich., 264. , 

Haverhill vs. U. S., 14 Court of Claims, 203. 

Schurr vs. Savigny, 85 Mich., 144. 

McCarthy vs. Mayer, 96 N. Y., 1. 

Guthrie vs. Merrill, 4 Kan., 159. 

Lowe vs. Marlowe, 4 111. App., 420. 

No case in point from the Supreme Court of this State has 
been cited by counsel on either side, but the view held by this 
Court has been recognized by the Supreme Court of Maine in 
the well considered case — Bachelder vs. Biekford, 62 Maine, 527, 
in which the court declares "if a laborer works nights after his 
legal (contractual) day's work is done, at the request of the em- 
ployer and for his benefit the law implies a promise on his part 
to pay for such labor. Acceptance of pay for the day labor is 
no bar to recovery for the night labor. It is true that the above 
rule is not applicable to 'monthly labor' nor to agricultural 
employments." 



56 DUNNE — JUDGE, MAYOR, GOVERNOR 

In the case under consideration, the plaintiff contracted to 
perform about eleven hours labor each day, for a fixed price per 
week. If he had contracted to deliver to his employer eleven 
barrels of flour each day for so much per week, can it be doubted 
that if at the request of his employer he delivered fifteen barrels 
of flour each day per week, he could recover for the extra barrels 
of flour so delivered? Why, then, should a different rule apply 
to labor than to merchandise? The one is as valuable to the 
employer and the merchant as the other. The defendant in the 
case at bar recognized its value by docking plaintiff twenty-five 
cents for being two minutes late. Why, then, should he not 
compensate him for extra labor performed by him in hours out- 
side of the hours specified in the contract? Labor is the only 
commodity that a great portion of the community has to sell. 
Why should not the same rule apply to it as to merchandise? 
This court knows no reason why. 

NOT CONCLUDED BY RECEIVING WEEKLY PAY. 

In the case at bar, plaintiff was not informed at the time 
he made his contract that he would be required to work over- 
time, and never gave a receipt in full. He receipted regularly 
for each weekly stipend, less such deductions as were made from 
time to time as fines for being late at work, but never in full, 
and regularly kept an accurate memoranda of his overtime in 
anticipation of a final settlement. "Acceptance of pay for day 
labor will be no bar to a recover}^ for night work." Bachelder 
vs. Buckford, 62 Maine, 527. 

All of the extra labor performed by plaintiff for defendant, 
for which he seeks compensation, was performed at night and 
without the hours specified in the contract, and after defendant's 
store was closed, some of it for all night vigils, and the court can 
see no just reason and recognizes no rule of law which deprives 
him of compensation therefor. 

TEACHERS AND THEIR SALARIES. 

Teachers' Salaries. Held, that the Board of Education cannot reduce 
teachers' salaries during the school year for which they are employed 
and that the teachers did not lose their rights to the salaries contracted 
for by signing the pay rolls and receipting for amounts paid them. 

STATEMENT OF THE CASE. 

In 1900, the Board of Education adopted a resolution reduc- 
ing the salaries of the teachers in Chicago, whereupon Katherine 
Goggin brought suit against the board to enjoin the enforcement 



DUNNE JUDGE, MAYOR, GOVERNOR 57 

of such resolution. Case "was heard before Judge Dunne, who 
rendered the opinion therein. 

SUBSTANCE OF THE OPINION. 
Employment of Teachers is a Yearly Contract. 

A resolution of the Board of Education fixing the salaries of 
the teachers for the ensuing year, election of teachers thereafter 
and the performance by the teachers of their work under the 
contract constituted a valid contract between the Board of Edu- 
cation and the teachers as to their salaries for the full school 
year wdiich cannot be abrogated by an ex parte resolution of the 
board thereafter during the year. 

City Council Has Power to Designate Items of Appropriations. 

The city council, in an ordinance appropriating part of the 
school fund, has the power, if it so elects, to designate or specify 
each particular item for which the fund appropriated shall be 
used. 

Signing Pay Rolls Not Accora and Satisfaction. 

The fact that the teachers signed the pay rolls submitted by 
the Board of Education for the respective months in question did 
not constitute an accord and satisfaction so as to bar action for 
the further amounts claimed, but amounted simply to receipts 
for the amoimts set opposite the respective names of the signers. 

Equity Favors "Diligent Creditor." 

The action of the teachers through the complainant in enforc- 
ing the payment into the public treasury by tax-avoiding quasi- 
public corporations of the very fund in controversy by a long 
protracted, expensive and laborious consideration constrains a 
court of equity to recognize them as "diligent creditors" snd to 
give them and enforce in their behalf an equitable lien upon the 
fund in question for the payment of their debts out of the fund 
so unearthed and produced. 

THE CONTRACTUAL RELATION BETWEEN MASTER 
AND SERVANT. 

Labor. Held, that workman who has contracted with an employer 
for his services, cannot be enjoined from abandoning such services and 
entering into the employment of another. 

Donker & Williams Company brought suit against H. G. 
Vance, in the Circuit Court of Cook County, which came for de- 
cision before Judge Dunne, October 2, 1900. 



58 DUNNE JUDGE, MAYOR, GOVERNOR 

Pam, Calhoun & Glennon represented the complainants, and 
Rich & Loer represented the defendant. 

STATEMENT OF THE CASE. 

In their bill of complaint, the complainants alleged that "de- 
fendant is competent, skilled and well versed in the leather goods 
business, and competent and able to take charge of and become 
foreman of the leather goods department of complainant's busi- 
ness;" that "his knowledge and skill are peculiar and special 
to himself;" that they, the complainants, cannot "find any other 
person possessing the same peculiar skill and qualifications;"" 
that on account of such qualifications, they employed him as fore- 
man at a salary of $18.00 a week, in consideration of which the 
defendant, Vance, agreed to give his whole time, skill and ex- 
perience for a certain period and to work for no one else ; that 
pursuant to said contract, Vance entered the company's employ- 
ment, worked for about two years, became acquainted with the 
names of the persons for whom complainant purchased its raw 
material and the prices paid for same and the cost of articles 
manufactured by complainant, and thereupon left complainant's 
employment and is engaging in business with others in competi- 
tion with complainant ; that complainant is absolutely unable 
to replace the defendant, and cannot, at the present time, pro- 
cure any other person possessed of the requisite skill and ability 
to carry on the services agreed to be performed by the de- 
fendant. ' ' 

As the ease came before the court (on demurrer), all these 
allegations stood admitted. 

SUBSTANCE OF THE OPINION. 

Specific Performance Cannot be Decreed. 

At the outset it will be conceded that specific performance 
of such a contract cannot be decreed. No court in any country 
where the common law prevails, has ever attempted to compel one 
man to work for another, no matter how solemnly he has con- 
tracted so to do. It is to be hoped that many years will elapse 
before such a decree will be entered. 

A MAN MAY NOT BE ENJOINED FROM WORKING FOR ANOTHER. 

Counsel for complainants contend that when a man has 
contracted to work for one company or individual, he may be 
enjoined from working elsewhere during the term of such con- 
tract, and cite in support of their contention: 

Hoyt vs. Fuller, 19 N. Y. S., 962. 



DUNNE JUDGE, MAYOR, GOVERNOR 59 

Duff VS. Russell, 14 N. Y. S., 134. 

Canary vs. Russell, 30 N. Y. S., 122, 9 Misc., 15. 

Daily vs. Smith, 49 How. Practice, 150, 38 N. Y. Sup. Ct., 158. 

Hayes vs. Willis, 11 Abbott's Practice, N. S., 167. 

McCaull vs. Braham, 16 Fed., 37. 

All these cases, on examination, will be found to be not cases 
between master and servant or employer and employe, providing 
for the rendering of services which would bring the contracting 
parties in close personal contact from day to day over a lapse of 
time, but pure theatrical contracts providing for the production 
of certain plays or exhibitions before the public, and in all of 
them it would appear that large amounts of money had been ex- 
pended in providing theatres, advertising, etc., upon the force of 
the contracts. 

Because of such expenditures and because the services con- 
tracted for were in their very nature unique and of an extraor- 
dinary character so that they could not be replaced, and con- 
sequently there could be no adequate remedy at law, the court of 
chancery has very properly intervened to prevent the contracting 
performers from exhibiting elsewhere. There is a plain distinc- 
tion between such cases and cases involving the relation between 
master and servant or employer and employe. 

Under similar circumstances, as admitted by all the parties 
to this suit, the issuance of an injunction has been denied as 
against an insurance agent in Burney vs. File, 91 Ga., 701, 71 
S. E. 986. 

As against a baseball player in Met. Ex. Co. vs. Ewing, 42 
Fed., 198, 7 L. R. A., 381. 

As against a lithographic designer in Strowbridge Litho- 
graphic Co. vs. Crane, 20 Cir. Pro., 24, 12 N. Y. S. 834. 

And as against an acrobat in Cort vs. Lassard, 18 Ore., 221, 
22 Pac, 1054, 17 Am. St. Rep., 1054, 6 L. R. A., 653. 

AGAINST PUBLIC POLICY. 

In the judgment of this court it is against public i)olicy to 
force an unwilling servant to work for his master or an unwilling 
master to keep a servant after the relations have become strained 
and distasteful. To force them into daily contact with each other, 
under such circumstances, would be fraught with much more 
evil consequences than might flow from the breach of the contract 
of employment. Better far to leave them to their remedies at 
law, even though inadequate, than to force association and per- 
sonal contact between hostile and unwilling parties. 



60 DUNNE — JUDGE, MAYOR, GOVERNOR 

VIOLATION OF THE CONSTITUTION. 

It is against the spirit of the 13th amendmeut of the Con- 
stitution of the United States, which prohibits "slavery and in- 
voluntary servitude" within its borders. Involuntary servitude 
in juxtaposition to the word "slavery" has a significance so 
placed, it cannot mean the same as slavery, else it is a redundancy. 
It must mean servitude outside of slavery. Outside of slavery 
servitude can originate only by contract. No free man can be- 
come the servant of another except by consent, to-wit, by con- 
tract. Involuntary servitude can only arise, therefore, after a 
consenting party changes his mind and becomes an unwilling 
servant — in volens servitor. 

THE INJUNCTION SOUGHT TANTAMOUNT TO A COMMAND TO 
WORK FOR COMPLAINANT. 

It may be said that there is a difference between enjoining a 
man from working for others and compelling him to work for one 
man in particular. In effect there is none. To say to a man, 
"work for me or nobody," if that man be, as alleged of defendant, 
without means, is to say "work for me or starve," such a heart- 
less edict should not go out of a court of equity. That there 
are cases in which courts of equity have negatively enforced 
specific performance where it was impossible to do so by positive 
decree, is not denied, but I have failed to find any arising ])etween 
master and servant and employer and employe. 

NOT AN EXCEPTIONAL CASE. 

It is claimed that the allegation that "the knowledge and 
skill of the defendant are peculiar and special to himself." and 
that "complainant cannot at the present time procure any other 
person possessed of the requisite skill and ability to conduct the 
services agreed to be performed by defendant," places the case 
in the same category as the theatrical cases alluded to. The court 
is of a contrary opinion. These allegations are mere conclusions. 
No facts are set out to sustain them. It does not appear that de- 
fendant is acquainted with any special or secret process or gifted 
with any special or unusual dexterity. The facts as alleged are 
that he is a skillful and expert leather worker, thoroly competent 
to act as foreman, and that he was employed at $18.00 a week. 
This does not place him in the category of a prima donna, a 
tragedienne or premier danseuse. 



DUNNE — JUDGE, MAYOR, GOVERNOR 61 

ASSIGNMENT OF UNEARNED WAGES. 

Wages. Assignment of. Assignment of wages, due or to accrue from 
the present or any future employers for ten years, as security for the pay- 
ment of a usurious debt, held invalid. 

In 1901 a bill was filed in the Circuit Court of Cook County 

for an injunction to prevent C. F. Wenham from enforcing an 

assignment of wages, executed by one Mallin, the complainant 

in the bill. 

STATEMENT OF THE CASE. 

Mallin in June, 1898, signed and delivered to Wenham, an 
instrument in writing, which reads as follows: "For a valuable 
consideration to me paid * * * I do hereby transfer, assign 
and set over to C. F. Wenham, his heirs and assigns, all salary 
or wages due or to become due me from P. D. Armour & Co. 
or from any other person or persons, firm, copartnership, com- 
pany, corporation, organization or official, by whom I may now 
or may hereafter become employed, at any time before the expira- 
tion of ten years from date hereof." 

The evidence shows that the instrument in question was 
given to secure a loan made at usurious rates of interest. 

It was further shown that Mallin filed a petition in bank- 
ruptcy, scheduled the indebtedness he owed to Wenham, and 
after legal notice to Wenham, obtained a discharge in bankruptcy 
in October, 1899. 

ASSIGNMENT OF WAGES DUE OR TO ACCRUE FROM PRESENT 
EMPLOYER SUSTAINED IN SOME COURTS. 

Assignments of unearned wages have been sustained in 
courts of equity, wdieu such assignments cover wages to be earned 
by an employe from an employer in whose employment he was 
engaged, at the time of making the assignment. McNamara 
vs. Coal Co., 6 Gulp Pa., 181 ; Evans vs. Kingston Coal Co., 6 
Gulp, 351 ; Auger vs. Commercial Packing Co., 39 Conn., 536 ; 
Hawley vs. Bristol, 39 Conn., 26 ; Manhall vs. Quinn, 1 Gray, 107 ; 
Hartley vs. Kapling, 2 Gray, 566 ; Ouilett vs. Osairus, 124 Mass., 
162 ; King vs. Clow, 36 Mich, 436 ; and Fair vs. Kelly, 28 Vt., 19. 

ASSIGNMENT OF WAGES TO ACCRUE FROM FUTURE EMPLOYERS 

NOT RECOGNIZED. 

The cases above referred to, while sustaining assignments 
of wages from present employers, hold that an assignment of 
wages to be earned from future employer or employers, nonexist- 
ent at the time of the assignment, cannot be sustained in law 
or equity. 



62 DUNNE — JUDGE, MAYOR, GOVERNOR 

ASSIGNMENT OF WAGES TO ACCRUE AGAINST PUBLIC POLICY 

OF ILLINOIS. 

It is undoubtedly the law that assignments of moneys not 
due or to become due upon contracts, leases and other instru- 
ments will be enforced as executory contracts in courts of equity 
and when the moneys actually do fall due, a court of equity will 
enforce the collection of the same in favor of the assignee. 

In the cases above cited, no distinction is drawn between 
moneys which would accrue in the future as wages due employes 
and moneys falling due in other cases, nor was the question di- 
rectly raised that an assignment of wages to be earned in future 
was against the policy of the law in the states in which the de- 
cisions were rendered. 

The complainant here and one of the defendants. Armour & 
Co., contend that the laws of the State of Illinois draw such a 
distinction and that it is the policy of the State to protect the 
wages of laborers against claims in the nature of assignments. 

This policy is indicated in the facts that the revised statutes 
of Illinois, for many years past have contained laws enacted for 
the special purpose of securing to laborers and employes, special 
rights in the way of collecting and preserving wages. The Gar- 
nishment Act exempts from garnishment a certain amount of 
wages each week. The claim of laborers and servants for wages, 
is made a preferred claim, which must be paid in full before the 
other debts can be paid in whole or in part. In a suit brought 
to recover wages, an attorney's fee is allowed to the plaintiff to 
enable him to collect the same. Wages due employes are made 
liens under the mechanic's lien law. 

All these cases plainly indicate that the policy of this State 
is to secure to a laborer or employe, the fruits of his labor in 
cash. 

ASSIG/NMENT OF WAGES CONTRARY TO THE STATUTE. 

Aside from all the acts above referred to, however, the Legis- 
lature, in 1891, passed an act which to this court seems con- 
clusive of the question involved in this case. Section 3 of the 
act provides that "it shall be unlawful for any person, company, 
corporation or association employing workmen in this State to 
make deductions from the wages of his, its or their workmen 
except for lawful money, checks or drafts actually advanced, 
without discount, and except such sums as may be agreed upon 
between emploj^er and employe, which may be deducted for hos- 
pital or relief fund for sick or injured employes." 

The aim and object of this statute was plainly to secure to 
every employe in this State the right to collect his wages in cash. 



DUNNE — JUDGE, MAYOR, GOVERNOR 63 

To further secure the payment of such wages in cash, section 
4 of the same act provides that "any deductions made from the 
wages of any workman in this State, except as provided in section 
3 of this act, may be recovered in any appropriate action before 
any court of competent jurisdiction, together with such reason- 
able attorney's fee as the court in its discretion may think proper 
and no offset or counter claim of any kind shall be allowed in 
such proceeding." And by section 5, the act provided that "all 
attempts to evade or avoid the provisions of this act by contract 
or otherwise shall be deemed a violation thereof, and for every 
violation in addition to the severe remedy provided for in section 
4, there shall, on conviction, be a fine imposed of not less than 
$50.00 nor more than $200.00. 

The Legislature in passing this act seemed to be actuated 
by a resolute purpose to enforce the payment of all wages in 
cash and to prevent in every possible way any shift or device 
which would prevent a laborer or employe from receiving his 
wages, when due, in cash. 

If the assignment in question in this case be upheld by the 
courts any employer or employe can evade and avoid its provis- 
ions by giving or accepting such an assignment at any time be- 
fore the wages are earned, and thus the object which the Legis- 
lature was so strenuously seeking to accomplish would be 
frustrated. 

Sections 1 and 2 of the act of 1891, just referred to, applying 
to truck stores, have been held unconstitutional in Frorer, et al, 
vs. The People, 141 111., 171, as applying specially to mining and 
manufacturing corporations only, but that decision in no way im- 
pairs the force or vitality of sections 3, 4 and 5, appyling to the 
payment of wages. 

THE WAGES OF THE LABORER GIVEN SPECIAL PROTECTION BOTH 
FOR HIS OWN BENEFIT AND THAT OF HIS FAMILY. 

These statutes relating to the payment of wages are for the 
protection not only of the laborer, but his family, and by no act 
of his own can the wage earner waive the protection thrown 
around his family as well as himself by the law. In Recht vs. 
Kelly, 82 111., 147, it is held that a waiver of an exemption where 
the same is attempted to be made by an executory contract, is 
invalid, and will not be enforced, citing Phelps vs. Phelps, 82 
Iowa, 545; Curtis vs. O'Brien, 20 Iowa, 376; Maxwell vs. Reid, 
7 Wis., 583. 

The Supreme Court in that case declared that the principle 
in the cases cited is "that the exemption created by the statute 
is as much for the benefit of the familv of the debtor as for him- 



64 DUXXE — JUDGE, MAYOR, GOVERXOR 

self, and for that reason he cannot, by an executory contract, 
waive the provisions made by law for their support and mainte- 
nance. Such contracts contravene the policy of the law, and 
hence are inoperative and void * * * laws enacted from con- 
siderations of public concern and to subserve the general welfare 
cannot be abrogated by mere private agreement." Recht vs. 
Kelly, 82 111., 147-148. 

The salutary effect of such a law can be fully appreciated 
when we consider for a moment the overreaching and outrageous 
character of the alleged assignment introduced in evidence in this 
cause, under which it is sought to mortgage the whole earning 
capacity of a head of a family, for ten years, for the payment 
of a usurious debt. 

CONTRARY TO THE SPIRIT OF THE CONSTITUTION. 

If a laborer or employe in this State can he permitted to 
mortgage or assign absolutely his whole earning capacity, for ten 
years in advance, he can be permitted upon the same principle to 
mortgage or assign his earning capacity for life. If this be pos- 
sible, the thirteenth amendment to the Constitution of the. United 
States which declared that "neither slavery nor involuntary ser- 
vitude shall exist Avithin the United States," would be practically 
nullified. 

THE DEBT DISCHARGED IN BANKRUPTCY. 

The discharge in bankruptcy granted to Mallin on the 23rcl 
day of October, 1889, is a complete discharge of his indebtedness 
due to the defendant, Wenham, and the debt having been dis- 
charged, the security given by the alleged assignment of wages 
to be earned subsequent to the discharge in bankruptcy, must 
fall to the ground. When the debt itself is discharged, a security 
springing into existence subsequent to the discharge, by reason 
of any prior executory contract, cannot be held for the payment 
of the discharged debt. Thomas vs. Cohen, 7 Law Rep. (Q. B.), 
527; Cole vs. Kernon, 7 Law Rep. (Q. B.), 534. 

ENJOINING UNLAWFUL TRADE COMBINATIONS. 

Trade Combinations. An agreement amongst brick makers and con- 
tractors by which the members of the combined association shall be per- 
mitted to purchase materials from certain persons, firms and corporations 
only, and employ only members of the bricklayers association, held un- 
lawful and enjoined. 

In 1899 the LTnion Pressed Brick Company brought suit 
against the Chicago Hydraulic Pressed Brick Company, et al, in 
the Circuit Court of (^ook County, under the general number 



DUNNE — JUDGE, MAYOR, GOVERNOR 6^ 

196,935, asking for an injunction against the defendants to pre- 
vent them from carrying out a trade combination. Newman, 
Northrup & Levinson represented the complainants and Darrow, 
Thomas & Thompson, Hemy M. Matthew^s and Gott & Robinson 
represented the defendants. The case was heard on bill and affi- 
davits in support thereof and demurrer to the bill and decided 
on July 29, 1899, by Judge Dunne. 

STATEMENT OF THE CASE. 

The bill filed alleges that complainant, the Union Pressed 
Brick Company, is a corporation engaged in the manufacture 
and sale of pressed and sewer brick, having $100,000 invested 
in its business; that in the year 1898 it sold 2,300,000 pressed 
brick in Cook County and realized substantial profits, but that 
on the 9th day of May, 1899, the defendants entered into a con- 
spiracj^ to prevent the sale of any brick except that furnished by 
the companies so conspiring, by reason of which complainant's 
business was greatly injured and the quantity of brick sold by it 
greatly reduced ; that the unlawful agreement entered into be- 
tween the defendants was enforced by severe fines and penalties, 
and included not only provisions relative to the furnishing of 
brick, but as to the employment of journeymen stone masons and 
brick layers; that the purpose of such agreement and conspiracy 
was the restraint of the sale of and trade in pressed brick and 
paving brick for building purposes, and to secure to themselves 
a sole monopoly in the sale thereof at arbitrary, increased prices. 

As the record came before the court (on demurrer), these 
allegations stood admitted. 

SUBSTANCE OF THE OPINION. 
Agreement is Contrary to the Act of 1897. 

The General Assembly of Illinois, in the year 1897, passed 
an act making criminal, "a combination of capital, skill or acts 
by two or more persons, firms, corporations or associations of 
persons, for either, any or all of the following purposes : First, 
to create or carry out restrictions in trade ; second, to increase 
the price of merchandise or commodities; and third, to prevent 
competition in the sale or purchase of merchandise or com- 
modities." 

It is undoubtedly true that an individual or corporation may 
enter into a contract to sell its property, merchandise or labor 
to certain persons and none others. It is also true that indi- 
viduals or corporations have the right to refuse to contract with 
other individuals or corporations, but these propositions are sub- 

—3 



66 DUNNE — JUDGE, MAYOR, GOVERNOR 

ject to this modification, that in contracting or refusing to con- 
tract they do not commit a criminal offense. 

Where the Legislature in its wisdom has seen fit to abridge 
the right of contracting and declares that certain contracts are 
criminal offenses, then such contracts or combinations are with- 
out the pale of the law and instead of being sustained and carried 
cut by the courts, must receive their condemnation. 

Can it be doubted, if the defendants in the case at bar have 
entered into the arrangements set out in the complainant's bill, 
that the aim would be to restrict trade to increase the price of 
pressed and paving bricks and prevent competition in the sale 
thereof? 



PARTY IN INTEREST MAY SUE WHERE DAMAGED AND WHERE 
THE REMEDY AT LAW IS INADEQUATE. 

The defendants contend that even if the combination com- 
plained of is a criminal offense, that no individual has the right 
to enforce the law. 

True, a court of equity should not in general enjoin crime 
as crime. The machinery of the criminal law is supposedly 
adequate, but if the commission of a crime involves the loss of 
private property, the owner thereof should and can obtain re- 
dress for his loss in a court of common law, where that relief 
is adequate, but where the commission of such crime will entail 
property loss to a private citizen, for which he has no adequate 
relief at common law, the courts of equity should give redress 
to the person who has been made to suffer such irreparable 
injury. 

In the Springfield Spinning Co. vs. Riley L,. R. 6 Eq., 551, 
it was held upon demurrer (syllabus) : "That the acts of the 
defendants, as alleged by the bill, amounted to crime and that 
the court would interfere by injunction to restrain such case, 
inasmuch as they also tended to the destruction or deterioration 
of property." 

Sir R. Malins, V. C, in passing upon this identical question, 
makes use of this language (p. 558) : "The jurisdiction of this 
court is to protect property and it will interfere by injunction 
to stay any proceedings, whether connected with crime or not, 
which go to the immediate or tend to the ultimate destruction of 
property or to make it less valuable or comfortable for use or 
occupation." Lord Eldon in the case of Macauley vs. Shackell, 
1 Bligh (N. S.), 96,127, says: "The court of equity has no crim- 
inal jurisdiction but it lends its assistance to a man who has in 
the view of the law a right of property and who makes out that 



DUNNE — JUDGE, MAYOR, GOVERNOR 671 

an action at law will not be a sufficient remedy and protection 
against intruding upon his publication." 

Other cases clearly indicating that a court of equity has 
jurisdiction, are : Hopkins vs. Oxley Stave Co., 83 Fed., 912 ; 
National C. & St. L. Railway Co. vs. McConnell, 82 Fed., 65 ; Port 
of Mobile vs. Louisville & N. R. Co., 84 Ala., 115-126; 4 So., 
106, 112. 

It is true that most, if not all of these cases, are cases in 
which a court of equity gave relief by injunction as against strik- 
ing workingmen, but if it be the law as against workingmen, why 
should it not also apply to capitalists? The defendants in the 
case at bar, under the allegations of the bill, have practically 
a monopoly of the pressed and paving brick business in the county 
of Cook, but the same rule of law should apply to them as to 
the workingman, especially in view of the fact that it is alleged 
in the bill that the damages occasioned by their conduct are not 
capable of being definitely ascertained in a court of law ; that 
the business of the complainant is being ruined and that its dam- 
ages would be irreparable. 



68 DUNNE — JUDGE, MAYOR, GOVERNOR 



UPON GIVING A FORGER A CHANCE. 

From the Chicago Journal of Law, February, 1893. 

'''One touch of nature makes the whole world kin." We are 
reminded of the poet's immortal words by a scene recently 
enacted in a Chicago court of justice in which justice was tem- 
pered with mercy. If all jutlges should follow the example set in 
this case — well the world would not continue to grow worse. 
From the Chicago Journal of Law we quote the story as follows : 

''According to a legend old, Man, after his disobedience and 
consequent fall, was summoned to appear before his Creator. 
The Supreme Judge, before passing sentence, sought the counsel 
of his ever attendant ministers. Justice, Love and Mercy, pro- 
pounding to them the question, 'What shall be done with Man?' 
Justice answered saying, ' Oh ! Lord he has sinned and should 
suffer death,' Love said, 'He has erred without excuse, and at 
Thy righteous hands deserves punishment dire ; ' Mercy, in plain- 
tive yet potent tones, replied, 'Oh! Most High, forgive his past 
and entrust his future to me.' The Great Father voiced the judg- 
ment of his eternal heart, saying, 'Man, go thou and sin no more, 
remembering thou art the Child of Mercy.' 

"A most happy and deserving recognition of the moral of 
this legend found full exemplification in Judge Dunne's court 
the other day. A man unable to secure employment, driven to 
desperation and despair by the hunger and suffering of his 
mother and motherless child, had, through forgery, obtained the 
means to relieve them. He had been indicted and, upon arraign- 
ment, told the simple, sad truth ; the verdict was guilty, and the 
sentence imprisonment in the penitentiary. His Honor, seeking 
as all judges should, full advices as to the character of the culprit, 
discovered that his life bore no prior blemish, and that he was 
known among men as a good citizen, a faithful son, and devoted 
father, and although he was shackled in the chain-gang for 
removal to prison, this truly just judge did not hesitate to 
reprieve him, bidding him go forth and reclaim as his due deserv- 
ing his seemingly lost estate among his fellow men. This simple, 
yet suggestive act, so much out of the ordinary of judicial pro- 
cedure is a higher, a better — richer testimonial to the worth and 
wisdom of this jurist than any decision a judge, though he be a 
Mansfield or a Marshall, can ever render." 



DUNNE — JUDGE, MAYOR, GOVERNOR 69 



OFFICERS WHO EXCEED AUTHORITY. 

Statement to the Public, February, 1896. 

Senator Joseph O'Donnell made an un.snccessful effort to 
secure the release of Officer Constantine "Walezynski, of the Raw- 
son Street station, from the county jail yesterday. 

Last Sunday morning Officer "Walezynski shot and killed 
John Arkuszenski, on Milwaukee Avenue. Arkuszenski is claimed 
to have interfered with the policeman while the latter was in the 
discharge of his duty. Officer Walezynski placed Arkuszenski 
under arrest and the latter ran. The officer drew his revolver 
and shot Arkuszenski. 

Senator O'Donnell appeared before Judge Dunne and asked 
that the court fix the amount of a bail bond, saying the defenda.nt 
Avas prepared to give a good and sufficient bond in any reasonable 
amount. Judge Dunne refused to admit Officer Walezynski to 
bail. He said that all the circumstances went to show that the 
shooting was unjustifiable. At best young Arkuszenski had done 
nothing but interfere with the making of an arrest and the facts 
seemed to indicate that he was only interceding in behalf of a 
friend under arrest and not interfering. 

"There is too much of this sort of thing going on in Chi- 
cago," said his Honor. "Because a man wears a star and car- 
ries a club and pistol is no reason why he should go about shoot- 
ing down citizens. I will not admit this man to bail. Take him 
back to jail." 



70 DUNNE — JUDGE, MAYOR, GOVERNOR 



RELATIVE TO THE MANGLER BRIBERY 

CASE. 

Statement op Judge Dunne from the Bench in Sentencing 

Alderman William Mangler to Jail for Contempt of 

Court in Refusing to Testify, 

August 12, 1897. 

"The record in the case shows that the relator is a business 
man," said the court. "He is well educated, has been deemed fit 
to be honored with public office, and knows the duties of citizen- 
ship. He has stated to several persons that he was offered a 
bribe at a time when the public was satisfied that bribery was 
rife. The character of the legislation, which was against the 
interests of the people, warranted this belief. These statements 
have been made in this court. 

"Though an intelligent man and capable of judging the posi- 
tion that his refusal would place him in, he has refused to help in 
the administration of justice, though himself a public officer. 

"To inflict a small fine or a fine alone in this matter would 
have no eifect on him, on the public, nor on any other citizen. The 
punishment should fit the crime. 

"He does not stand in the position of a public officer refus- 
ing to obey the court because he believes that it would be the 
violation of his sworn duty as a public officer, but he stands in 
the position of a public officer who has refused in defiance of the 
court to do what justice to himself and the public demands." 



DUNNE — JUDGE. MAYOR, GOVERNOR 71 



USERS OF SPACE UNDER SIDEWALK 

MUST PAY FOR SIDEWALK 

INJURIES. 

Synopsis of Opinion by Judge Dunne, December 13, 1899. 

"It is against public policy to allow public property to be used 
by private individuals without requiring the private individuals or 
corporations so using public property to insure citizens passing 
over the public property against any loss that they may suffer by 
reason of the private use of such property." This was the chief 
point in a decision rendered by Judge Dunne yesterday, which, if 
sustained in the upper courts, will revolutionize the present judicial 
practice in connection with the liability for sidewalk accidents 
where injury is suffered because of open or defective coal holes or 
similar operations. 

The finding of the court, overriding several Supreme Court 
rulings cited as in point, occasioned much comment in legal circles. 
The decision in part was as follows : 

"When a private citizen is in the exercise of privileges or a 
license, express or implied by the public, he becomes, in the exercise 
and use of the privilege, an insurer to the public that they shall 
not be injured and cannot release himself from responsibility by 
leasing to a tenant who agrees to keep the coal hole or other aper- 
ture in a safe condition. 

"As between landlord and tenant, he can compel the tenant to 
live up to such a contract, but between himself and the public he is 
bound to see that the coal hole cover is in a safe condition and insure 
the public from damage through defective construction. In the 
authorities cited to me by counsel the Supreme Court has held that 
the tenant and not the landlord is liable to such injuries because 
the tenant is in actual possession of the property. In none of these 
cases was the question of public policy presented or argued. I am 
confident that on the presentation of the question of its being against 
public policy to allow private individuals to control public property 
without insuring the public from injury the Supreme Court will 
reverse its finding in these cases." 



72 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE RIGHTS OF PARENTS TO 
CHILDREN. 

Excerpt from a Decision by Judge Dunne, 1899. 

There is no law in Illinois or in any other state that can take 
children away from their parents without due notice. There can 
be no law that rises above the natural law — unless by some act 
the parents forfeit their rights. 



DUNNE — JUDGE, MAYOR. GOVERNOR 73 



MUTUALITY OF CONTRACT— CON- 
SIDERATION— UNCONSCION- 
ABLENESS. 

From Chicago Law Journal, March 16, 1900. 

"The case of the Hoops Tea Company v. Dorsey, disposed of 
this week by Judge Dunne, of the Circuit Court, on a final hear- 
ing on a bill for injunction intended to secure the specific per- 
formance of a contract, possesses unusual interest. The contract 
in question was of the "spider and fly" variety, used by corpora- 
tions to absorb competition and destroy competitors. The method 
exemplified in this contract, employed by a corporation or com- 
pany to secure to itself a monopoly of the business in its line 
in the territory of its operations, is to offer high wages and other 
great inducements to smaller operators in its line of trade, to 
turn over to it their customers and enter the company's employ, 
requiring, however, that they sign a contract binding themselves 
to not, even after quitting or being discharged from the employ 
of the company, engage in the same line of business nor to enter 
the employ of a rival of the company in the territory in which 
it operated ; the company reserving the right to discharge the 
employe at its own pleasure. 

' ' One of these contracts was entered into by one Dorsey and 
the Hoops Tea Company, which provided, among other things : 
'That said party (Dorsey) shall in no way interfere or compete 
with the business, customers, or trade of said first party, or in 
any way solicit its customers in Chicago, Illinois, for a period of 
two years after the termination of this contract;' another pro- 
vision of the contract required the execution of a bond for $500 
by Dorsey, satisfactory to the tea company, as guaranteeing 
faithful performance on his part. Some months subsequent to 
the execution of this contract the tea company filed a bill against 
Dorsey, setting forth that he had been discharged from its em- 
ploy, the contract terminated by it, and that in violation of the 
terms of the contract he was interfering with the business of 
the company by soliciting trade from its customers on the route 
which he had worked while in its employ. An injunction, as 
prayed for, was issued without notice. Upon hearing. Judge 



74 DUNNE — JUDGE, MAYOR, GOVERNOR 

Baker sustained a motion to dissolve the injunction. The mat- 
ter came up before Judge Dunne, upon a suggestion of damages, 
when Bastrup & O'Neill, counsel for Dorsey, urged that the bill, 
being one for injunction only, not having been amended its dis- 
solution operated as the sustaining of a demurrer to the bill, 
citing numerous Illinois authorities. 

"Judge Dunne decided to hear the whole case and pass on 
the validity of the contract, llespondent's counsel argued that 
the contract was unilateral and unconscionable and so lacking in 
mutuality as not to be enforceable in equity, while Tenney, 
McConnell, Coffeen & Harding, and Louis Kistler, counsel for com- 
plainant, contended that the employment was sufficient considera- 
tion. After conclusion of evidence and arguments Judge Dunne 
held that no term of employment having been fixed in the contract 
it was without consideration ; that it was unilateral and not such a 
contract as should be enforced in equity. The court entered a 
decree dismissing the bill for want of equity, granting the prayer 
of the cross-bill, annulling the contract, and restraining the 
Hoops Tea Company from prosecuting any suit at law or equity 
for the enforcement of the contract." 



DUNNE — JUDGE, MAYOR, GOVERNOR 75 



ON SENTENCING A CHICKEN THIEF. 

By Judge Dunne in Criminal Court, January 29, 1901. 

Probably the shortest sentence ever imposed in a burglary 
case was pronounced by Judge Dunne in the Criminal Court. He 
decreed that Frank Stetinski, 885 West Thirty-fourth Street, 
should serve one hour in jail for attempting to steal two chickens 
belonging to John Bridges, 1390 West Thirty-fifth Street. 

The small sentence was not imposed owing to the value of 
the goods stolen, but through mercy which the judge felt for the 
prisoner and his family. Stetinski has a real hard luck story 
connected with his case, which involves the death of his wife, his 
arrest shortly after and a starving family depending upon him 
for support. 

Shortly before Christmas, Stetinski was caught in Bridges' 
chicken coop with two hens in a bag. He explained his presence 
there by the fact that his wife was sick and almost dying and 
that she needed food. He secured bonds and was admitted to 
liberty. 

His wife died last Friday. Hardly had the undertaker been 
notified and while the family was deep in grief, a deputy sheriff 
arrived with a capias ordering the arrest of the husband. He 
had been indicted by the grand jury that day, and his arrest 
should necessarily follow. 

The deputy sheriff was told the piteous story and he tele- 
phoned to his superior. Chief Deputy Kunz, who told him not 
to arrest the man. Stetinski was told to appear in court Monday 
after the funeral. This he did. Judge Dunne recommended 
that the plea of guilty to petit larceny be entered. 

But Bridges was incensed. Despite all Stetinski 's trouble 
he wanted the prisoner sent to Joliet. Bridges recovered his 
property and was put to no expense by the trial. Judge Dunne 
refused to listen to the plea of the complainant. 



76 DUNNE — JUDGE, MAYOR, GOVERNOR 



ON COMPULSORY VACCINATION. 

Decision by Judge Dunne, June, 1901. 

The right of directors of a school district or a board of edu- 
cation to insist upon the vaccination of a child, as a prerequisite 
to his being allowed to attend a public school, is the question 
involved in the case at bar. 

This question has been recently presented to and determined 
by the Supreme Court of this State in Potts v. Breen, 167 111., 67, 
decided in May, 1897, and in Lawbaugh v. Board of Education, 
177 111., 573, decided in February, 1899. In the former case that 
court declares "that the right or privilege of attending the 
public schools is given by law to every child of proper age in the 
State, and there is nowhere to be found any provision of law 
prescribing vaccination as a condition precedent to the exercise 
of this legal right. Whether the Legislature has the right to make 
such a requirement or not, it is not necessary here to consider. 
It is sufficient it has not done so. And it can not be supposed 
that the Legislature has undertaken, and not expressly, but by 
mere implication from the general language used in creating the 
State Board (of Health), to confer upon that mere administra- 
tive body such vast power over the rights and liberties of the 
individual citizen as to deprive him of his constitutional and 
statutory rights, unless he shall submit his body to be inoculated 
with vaccine virus as a mere precaution against some possible 
future contagion of smallpox." * * * (pp. 73 and 74). 
"The Board of Health has no more power over the public schools 
than over private schools or other public assemblages." (p. 74). 
* * * "School directors and boards of education * * * 
have no authority to exclude children from the public schools on 
the ground that they refuse to be vaccinated — unless indeed, in case 
of emergency, in the exercise of the police power, it is necessary, 
or reasonahly appears to he necesfiary, to prevent the contagion of 
smallpox." (p. 75.) 

"Undoubtedly children, infected with or exposed to, small- 
pox may be temporarily excluded or the school be temporarily sus- 
pended ; but, like the exercise of similar power in other cases, such 
power is justified hy the emergency and, like the necessity which 
gives rise to it, ceases when the necessity ceases." (p. 75.) * * * 



DUNNE — JUDGE, MAYOR, GOVERNOR 7? 

' ' Upon the same line of reasoning, without a law making vaccination 
compulsory, or prescribing it, vipon grounds deemed sufficient by 
the Legislature as necessary to the public health, as a condition 
of admission to or attendance upon the public schools, neither the 
State board nor any local board has any power to make or 
enforce a rule or order having the force of a general law in the 
respects mentioned" (p. 75). In support of the views therein 
expressed, the Supreme Court cite the supreme court of Wiscon- 
sin in State v. Burge, 70 N. W., Rep., 337 ; and 'Neill v. Am. Fire 
Ins Co., 166 Pa., St. 72; Anderson v. Manchester, 63 N. W., Rep. 
241. From the above language it will be seen that a rule o;- 
regulation requiring a child to be vaccinated as a precedent ta 
his admission to school, can be passed by a school board or a 
board of education, only, in cases of emergency when it is, o"r- 
reasonably appears to be, necessary to prevent contagion, andi 
that when the emergency has passed the rule must fall to the- 
ground. The facts in that case show that ' ' no epidemic of small- 
pox was prevailing or apprehended in the vicinity of the 
school," and a mandamus was issued compelling the school 
board to admit into the school the unvaccinated relators. 

In February, 1899, the same question was again pressed upon 
the notice of the Supreme Court, and disposed of in the follow- 
ing language : 

''These questions were fully discussed in the Breen Case, 
and it is earnestly urged that we reconsider that case. * * * 
AVe adhere to the principles announced in that case and decline 
to further discuss the questions there determined. The only 
question in this case, not presented in that, is the action of the 
city council of the city of Geneseo, and we cannot hold that in 
the preservation of the public health, under the police power 
of the State, a municipality, invested with police power, may 
invoke such power for the purpose of invading the individual 
liberty of citizens of the community. Neither the city of 
Geneseo, nor the Board of Health of the State of Illinois, has 
power to require compulsory vaccination, except in the public 
contingency stated in the Breen ease." Lawbaugh v. Board of 
Education, supra p. 574. 

No decisions of this State to the contrary have been cited by 
counsel, and in view of this very recent and very emphatic 
language of our court of last resort, there can be no doubt as to 
the condition of the law in this State. 

There is still no law of compulsory vaccination upon our 
statute books, and the city ordinances and the rules and regula- 
tions of the State and municipal boards of health, set up by 
defendants in their answer, can only avail them in "cases of 



78 DUNNE — JUDGE, MAYOR, GOVERNOR 

emergency" when they are "necessary or apparently necessary" 
to prevent the "contagion of smallpox." In other words, such 
rules and regulations can only be invoked when smallpox is 
either present or imminent. Defendants, however, besides set- 
ting up these ordinances and regulations, alleged in their answer 
that "smallpox" has been "in epidemic form within the said 
city and that it is still prevalent therein," and that "smallpox" 
is "still prevalent within the city of Chicago, and in the terri- 
tory adjacent thereto." The demurrer must, therefore, be over- 
ruled and the case set down for trial when issue is closed, to 
determine the single question as to whether or not "smallpox" 
was actually present or reasonably imminent at the time of the 
iiling of the petition for mandamus. 



DUNNE — JUDGE, MAYOR, GOVERNOR 79 



RIGHT OF POLICEMEN TO SHOOT AT 
FLEEING PRISONER. 

Statement by Judge Dunne, March 12, 1902. ^ 

A man who had been shot in the arm by a policeman who^ 
was seeking to arrest him was advised by Judge Dunne in open- 
court yesterday to sue the policeman for damages. 

"Policemen have no right to shoot fleeing fugitives. They 
are empowered to arrest a man caught in the act of committing: 
a crime or charged with a crime but that does not give them 
the right to shoot a man down because he seeks to avoid arrest 
by flight. Go and sue the man who injured your arm. 

"There is no law in Illinois which gives a policeman the 
right to shoot a fleeing fugitive. Here are three cases in which 
men have been brought to my court with bullets in their bodies 
or with crippled legs or arms. In each case they were unarmed 
and were injured and maimed while attempting to escape. The 
sooner the police are taught they cannot use their weapons so 
freely the better it will be for all citizens." 



8Q DUNNE— JUDGE, MAYOR, GOVERNOR 



RIGHT OF ADJOINING OWNER TO 
LICENSE A HACK STAND. 

Ruling by Judge Dunne, March 17, 1902. 

Important issues were settled by Judge Edward F. Dunne 
this morning in his decision in the "hack stand case." He holds 
that neither the owner nor the lessee of a frontage has a right 
to grant permission to a hackman to stand in front of the prem- 
ises or to collect rent for the privilege. Judge Dunne in his 
decision said in part: 

"Time was when the king, who held title in fee to all prop- 
erty, could do as he willed with i)roperty devoted to public use. 
But that time has passed. 

"The city now holds the title in fee to its public streets, 
but in trust for the public, and cannot, as could the king, law- 
fully devote them to private uses. 

"If the city were by ordinance to give one particular per- 
son or corporation the exclusive right to place his or its vehicles 
upon a public street, no lawyer would seriously urge that such 
an ordinance was valid. 

"How does the ordinance under consideration differ from 
such an ordinance in principle or effect? Giving a man the right 
to designate mUo shall exercise a special privilege is just as 
effective and advantageous to him as though he was the direct 
donee of such a privilege. Indeed, it is a more valuable right. 
The donee of such a privilege might not be able in person to 
avail himself thereof, but the donee of the power of appointment 
to the privilege can derive all the emoluments without personal 
presence or use. 



DUNNE — JUDGE, MAYOR. GOVERNOR 81 



LOW WAGES AND FINANCIAL 
RESPONSIBILITY. 

Decision by Judge Dunne, March 23, 1902. 

"I can not ascertain how much this young man is short in 
his account. He says he has credits due him which would make 
up the amount you say he is short. When you gentlemen ask a 
man to take such a responsible position at such a small salary 
and where he is called on in performance of his duty to collect 
such large amounts of money, knowing that he has a wife and 
two small children, you are simply inviting him to commit a 
crime, or at least exposing him to temptation. 

"I cannot permit him to be sent to the penitentiary. I will 
fix the amount cff the shortage at $14 and sentence him to the 
county jail for thirty days. I believe West is a good man. Had 
his salary been even $5 more he would never have been exposed 
to temptation and the strength of the invitation to commit a 
crime would have been lost on him." 



82 DUNNE — JUDGE, MAYOR, GOVERNOR 



UPHOLDS CIVIL SERVICE LAW. 

Syllabus of Opinion op Judge Dunne, January 1, 1903. 

Improper discharge of employes — Mandamus for their re- 
instatement. 

Circuit Court, Cook County, Illinois, December 23, 1902. 
People ex rel. Byrne, v. City of Chicago et al. 

Syllabus. 

Under the civil service act of Illinois, an employe, in the 
classified civil service of the city of Chicago, can only be removed 
under the terms and conditions set forth in section twelve of the 
act; held, that certain timekeepers in the water pipe extension 
division were improperly discharged without any trial or hearing 
of any character, and that a mandamus must issue for their 
reinstatement. 



DUNNE — JUDGE, MAYOR, GOVERNOR 83 



AGAINST JUSTICE COURT FEES. 

Letter to the Supreme Court op Illinois, June 6, 1904. 
To the Supreme Court of the State of Illinois: 

The undersigned, as judge of the Circuit Court of Cook County, 
pursuant to law, respectfully reports to the judges of the Supreme 
Court the following defects and omissions in the laws of this 
State : 

First. The laws of this State, as construed by the Supreme 
Court, permit a man to assign and mortgage his unearned wages 
for an indefinite period in the future, thereby establishing a state 
of peonage, fostering itfeury and depriving his wife and family of 
the means of subsistence. The evil wrought thereby in Cook 
County has become well nigh intolerable. The Legislature should 
pass a law declaring all such assignments null and void. 

Second. The fee system which prevails in our justice courts is 
a fruitful source of injustice, and is burdening the upper courts 
with appealed cases of trivial importance, which are retried in the 
upper courts at enormous expense to the public, and so congest the 
calendars of the Circuit and Superior Courts of Cook County that 
at the present time it takes about three years for a case to be reached 
for trial. 

Under the iniquitous fee system the defendants in a great 
majority of the cases appeal because they believe that under the 
present fee system they cannot procure a fair trial before a magis- 
trate who collects his fees from the plaintiffs. 

The fee system should be abolished and the justices of Cook 
County at least be paid fixed salaries. 

The late Governor Altgeld once declared there were more judges 
in Cook County than in all England, and yet, by reason largely of 
the fact that much of their time is taken up in the trial of trifling 
cases on appeal, their calendars are rapidly falling behind. 

I recently tried three cases in one day in the Circuit Court, the 
amount of money involved not in the aggregate exceeding $50. 

Third. A City Court, having five judges, should be estab- 
lished in Chicago which should, in addition to the jurisdiction now 
conferred on City Courts, be given exclusive jurisdiction on appeal 
from justices of the peace of all violations of city ordinances and 
quasi-criminal cases. The judges of said courts should receive 
adequate salaries of $5,000 each. 



84 DUNNE JUDGE, MAYOR, GOVERNOR 

Fourth. Indictment in all cases of petit larceny and other 
misdemeanors should be abolished. Such cases should, in the first 
instance, be tried upon information or complaint before justices of 
the peace and a jury of six, appeal to lie in case of conviction to. 
the City Court, as in civil cases. 

Under the present system the grand jury of Cook County is 
in almost continuous session, and the Criminal Court is glutted 
with such a mountain of indictments, many of them for trifling 
misdemeanors, that six judges are unable, by constant work, to do 
more than prevent a jail delivery by the running of the statute. 

If petit larceny and misdemeanor cases were disposed of as 
suggested, in my judgment three judges would be sufficient to try 
all the felony cases in the Criminal Court 
Respectfully, 

E. F. Dunne. 



DUNNE — JUDGE, MAYOR, GOVERNOR 85 



ON INEQUALITY TAX ASSESSMENTS. 

Address to Single Tax, Club, February 1, 1896. 

Mr. Chairm{an and Gentlemen : 

Political profligacy or political incompetence, or both, have 
forced upon the public within the last few months consideration 
of the question, "How are municipal expenditures to be kept 
within the limit of municipal income?" The city of Chicago is 
confronted today with a disparity between its available income 
and its liabilities during the current year amounting, according 
to the estimates of Mayor Swift, to the sum of $5,000,000, or, 
according to Alderman Madden, to $1,200,000. "Whichever esti- 
mate be correct, it is an undisputed fact that hundreds of 
thousands of dollars worth of unpaid judgments against the city, 
drawing interest at the rate of five per cent per annum, appear 
unsatisfied upon the judgment dockets of our courts. Contrac- 
tors for public improvements, where work has been fully per- 
formed, are clamoring for their pay; bills for current supplies 
furnished to the city are months overdue, and the firemen and 
policemen of the city are in monthly apprehension of being paid 
off with city scrip. 

The great city of Chicago, with its population of 1,750,000, 
and its princely income of $34,000,000 per year, is so poor in 
money and so lacking in credit that it confesses itself unable to 
keep its corporal body clean or to protect its citizens from the 
contagion of deadly disease. The contractors who covenanted 
for the cleaning of its streets have long ago abandoned their eon- 
tracts, and for months past the imperial city of the west has been 
the spiritless, mendicantlike recipient of alms given in the form 
of street cleaning by the employes of the Civic Federation. Even 
that mortifying and humiliating relief has been withdrawn and 
the great metropolis of the west today lies wallowing supinely 
in its own filth and ordure, a reproach and scandal to municipal 
government. 

In this wretched condition of affairs, the people are besfinning 
to ask,' "What has brought about this condition of affairs ? How 
long must it last? How are we to get relief? 

An answer to the first of these questions can be easily dis- 
covered. Two causes have contributed to bring about the present 



86 DUNNE — JUDGE, MAYOR, GOVERNOR 

distressed condition of the city's finances. First, corruption and 
dishonesty in the common council, which has been engaged for 
years past in bartering and giving away to private persons and 
corporations rights and franchises worth hundreds of millions of 
dollars, and in the added corruption or incapacity of duly 
appointed and paid heads of departments. The former class of 
public officials, elected and sworn to guard the public interests, 
have, year after year, in the most brazen and shameless manner 
voted away to street car companies, railroad companies, gas com- 
panies, electric light companies, and to every snug coterie of kid- 
gloved scoundrels who offer them their price, every right and 
privilege of value in the city, whether it was on earth or in the 
heavens above or the waters beneath. 

All this has been done without practically a dollar's worth of 
compensation to the city. The incomes drawn from the exercise 
and utilization of these franchises and privileges by the owners 
run up into the millions, and would suffice in themselves, if they 
belonged to the city, to pay the whole annual tax levy of the city. 

But this corruption is not all. When the duly elected and 
sworn officers of the city have been so recreant to their trust, is 
it to be wondered at that the understrappers appointed by and 
through them should be no less trustw^orthy ? The stream cannot 
rise higher than its source. 

If the common council will pocket swag, and give away the 
streets of the city, is it to be expected that the chief of the water 
department will honestly collect the water rates, or that the city 
collector will collect the license fees due from the running of 
street cars? But a few weeks since, according to the daily papers, 
the commissioner of public works declared that he had positive 
proof that several wealthy pork packing concerns had for years 
been stealing water from the city of Chicago. 

There were loud protestations at the time that the city would 
collect from these concerns every dollar that the city had been 
swindled out of, which it was asserted amounted to hundreds of 
thousands of dollars, but, although many weeks have elapsed, I 
have failed to learn that any money has been paid over by the 
meter dodgers, or that any suit or other proceeding has been 
instituted for the collection of the same. 

If this be taken as a fair sample of official conduct, can it be 
wondered at that the city is in an impoverished condition ? With- 
out doubt official corruption, or gross mismanagement, or indif- 
ference to the interests of the municipality, is one and probably 
the main cause of the city's present financial embarrassment. 
But this is not the only cause. While the municipal authorities 
of the city have been giving away with prodigal hand the heritage 



DUNNE — JUDGE, MAYOR, GOVERNOR 87 

of the whole people and allowing the city to be robbed of its 
water taxes, license fees, and other sonrces of income, they have 
also kept their eyes fixed upon the moneys which, by excessive 
and unequal levies upon honest taxpayers, they have managed 
to get into the hands of the city treasurer. 

The one thing necessary to wipe out, within a reasonable 
time, the city's financial deficit, in addition to rational retrench- 
ment in the civil list, is an honest assessment by valuation of real 
and personal property in this city, or a reform of assessments. 

Yet, notwithstanding the clearly expressed and reiterated 
command of the statute, it is notorious that, within the memory 
of man, no assessment on a "fair cash value" has ever been 
made in the city of Chicago. Nor has any assessor ever held the 
office who was not guilty of moral, if not legal, perjury. It is 
further notorious that men who have held the office of assessor 
but for one term have retired from office after a few days' work 
with sufficient money in their vaults or bank accounts to keep 
them in luxury for the rest of their lives. 

Let us see what unholy conspiracy between conscienceless 
property owners and unprincipled assessors under this law has 
accomplished in the way of defrauding the city within recent 
times. The ordinary citizen has his property assessed, if he does 
not "see" the assessor, at from fifteen to thirty per cent of its 
real value. The poor man's cottage is generally assessed at 
twenty per cent at least of its real value. Keeping this in mind 
let us see how the very valuable pieces of property in the heart 
of Chicago, all of which are owned by millionaires, are assessed. 
A few cases will suffice. I quote now from a most valuable work, 
the "Report of the bureau of labor statistics of the State of 
Illinois for 1894," a work which, by the way, the wealthy news- 
paper owners of Chicago have been singularly silent upon. I 
must except from this statement, however, the publishers of one 
paper, who have recently made use of the information contained 
in this valuable work, with telling effect. A few instances of 
unique assessments : 



Real 

value. 
Old Colony, southeast corner Dearborn 

and Van Buren Street — Estate Francis 

Bartlett 4 $1,677,500 

Manhattan, 307-321 Dearborn Street — 

Charles C. Heisen 1,550,000 

Leiter Building, Siegel, Cooper & Co., 

L. Z. Leiter 3,900,000 

Major Block, southeast corner LaSalle and 

Madison Streets — L. J. McCormick . . . 1,375,000 



Assessed 
value. 


Percent- 
age of 
real value 
assessed. 


$ 73,000 


4.35 


72,000 


4.65 


204,000 


5.23 


76,500 


5.56 



88 DUNNE — JUDGE, MAYOR, GOVERNOR 

Percentage 
of Real 
Real Assessed Value 
Value. Value. Assessed 

Bort Building, 17-21 Quincy Street— C. C. 

Heisen $ 440,000 $26,000 5.91 

Auditorium, Michigan and Wabash Aven- 
ues and Congress Street — Studebaker 
Brothers, H. F. Willing and Francis 

Bartlett 5,000,000 305,500 6 . 11 

Caxton Building, 330-334 Dearborn Street 

—Augustus Lowell 650,000 42,800 6 . 58 

Grand Pacific Hotel — L. Z. Leiter and 

Northwestern University 4,750,000 233,000 6.86 

Security Building, southeast corner Madi- 
son Street and Fifth Avenue — M. M. 

Bryant 775,000 40,300 6.23 

Studebaker Building, 202-206 Michigan 

Avenue— Studebaker, Lyon and Ross. 1,025,000 47,500 4.63 

The foregoing ten cases are cited as striking instances of 
gross and corrupt favoritism in the matter of assessing the value 
of property in the city of Chicago. In each and every one of 
these cases the owners of the properties are reputed millionaires, 
many of them nonresidents, and by means of these grossly inade- 
quate assessments the city has been deliberately robbed of its 
legitimate revenue, and the burden of supporting the city, county 
and State has been throvsm upon the shoulders of citizens who are 
poor or of moderate means. 

Which is the more dangerous element in this community? 
The men who, when ground down by unjust social conditions and 
the unfair distril)ution of the burdens of government to a fierce 
struggle for daily subsistence, talk of a social revolution or even 
anarchy, or the sleek millionaire, gorged and surrounded by all 
the luxuries of life, who year in and year out corrupts assessors, 
dodges his taxes, and thus throws excessive and intolerable bur- 
dens on the poor and brings about evils against which not only 
anarchists, but all honest men, should protest? 

What, then, is the practical remedy for the present financial 
distress of the city of Chicago? 

It has been suggested, and I believe by the mayor of Chicago, 
that a special session of the Legislature be called for the purpose 
of amending the law which limits taxation for municipal pur- 
poses, to two per cent of the assessors' valuation of property. 

The suggestion should not, and I am confident will not, be 
entertained by the Governor. The only protection which the 
ordinary honest taxpayer has had against the corruption and 
rapacity of public officials has been this wise provision of the law. 
Were it not for this provision there probably would be no deficit, 



DUNNE — JUDGE, MAYOR, GOVERNOR 89 

but the rich man would be paying less taxes, while the poor man 
would be taxed to such a degree as to compel him to let the tax 
sale shark take his property. 

This law should be amended, but instead of increasing the 
tax limit it should be decreased to the limit of one per cent, for 
all municipal purposes. 

Experience has shown that the government, for all purposes, 
can be efficiently administered by honest officials at a cost of one 
per cent of the actual cash value of taxable property. 

To accomplish these reforms I would suggest the following 
amendments to the law : 

First. Abolish in all cities, township organizations, and town- 
ship assessors. 

Second. Limit all taxation for all purposes to one per cent 
per annum on the real cash value of property. 

Third. Abolish all exemptions. 

Fourth. Create a permanent board of assessment and taxa- 
tion. 



90 DUNNE — JUDGE, MAYOR, GOVERNOR 



JUSTICE, NOT CHARITY. 

Judge Dunne in "The Observer," December 25, 1897. 

If I had ample means to carry out my wish, I would originate 
and establish on Christmas Day a fund to he held in trust for the 
people of Chicago, to be used for the furtherance of JUSTICE 
AND NOT CHARITY in this community. Primarily that fund 
should be used for agitation, exploitation, and education in bring- 
ing about the abolition of the present corrupt and odious revenue 
system under which the poor are plundered, the middle classes 
treated unfairly, and the corrupt wealthy further enriched. By 
the use of such a fund I would publish and keep before the 
people constantly the real and assessed values of the property of 
every tax dodger in the city, and gather evidence that would 
land them and their crooked partners in crime, the assessors, in 
the penitentiary. 

Energetic and persistent efforts along this line, I am con- 
vinced, would soon l)ring about a rational system of ievyu g taxa- 
tion under which a board of assessors, who would sit the whole 
year round, with their records open to the public at all times, 
could and would assess values honestly and impartially. 

After having accomplished thus much, if aught remained of 
the fund, I would devote the remainder to the securing by like 
methods the abolition of the fee system in the justice courts of 
Chicago, a system which places a premium on rascality, a burden 
on honesty, and a damper on justice in our lower courts. 

It has always been a matter of surprise to me that we have 
so many men acting as justices in tlie city of Chicago who have 
preserved a reputation for honesty. They are dependent upon 
plaintiff lawyers for a living under our present remarkable sys- 
tem. Is it to be wondered at that the justice court is frequently 
called the "plaintiff's court" -or that outraged litigants define 
the court as one ' ' that is supposed to dispense justice, but which 
really dispenses with it?" 

A fund established for the purpose above indicated and ade- 
quate to accomplish such results, would, in my humble opinion, be 
the most substantial and salutary Christmas present that could 
possibly be presented to the people of this city. 



DUNNE — JUDGE, MAYOR, GOVERNOR 91 



WITHDRAWS FROM IROQUOIS CLUB. 

Letter to Arthur J. Eddy, President of the Iroquois Club, 
February 19, 1898. 

Dear Sir: In the preamble to the declaration of principles 
of the Iroquois Club, subscribed to by all persons joining and 
remaining members of said club, I find the following language : 

"Believing that the welfare of the country and the con- 
tinual prosperity of its institutions require for their preservation 
that the policy and character of the government shall be deter- 
mined and guided by the principles of the Democratic party, and, 
in order to add to the organized strength of the Democratic party 
in Chicago, we, the undersigned, have formed ourselves into a 
club known as the Iroquois Club." 

At the time I became a member of the club, in 1893, such 
were its views. 

At the election of officers last month you were the successful 
candidate. Prior to the election you. as a candidate for the Presi- 
dency, boldly and uncompromisingly repudiated the Democratic 
platform of 1896 and declared yourself a gold monometallist. 
Upon such a platform or declaration of principles you were 
elected. 

By such action the Iroquois Club has placed itself without the 
pale of Democracy. If the club was simply a social organization, 
this would be a matter of no moment, but, as the club claims to be 
a Democratic organization, this action becomes a matter of serious 
importance to those of its members who are Democrats. 1 am a 
Democrat and a bimetallist. I cannot consistently remain a mem- 
ber of a socio-political club which has repudiated both Democracy 
and bimetallism. I cannot remain on board of the torpedo boat 
which, while flying the Democratic flag, opens fire upon the Demo- 
cratic man-of-war. 

I regret being compelled to part company with so many 
old friends and with associations which have been so pleasant ; 
but, in view of the fact that the club claims to be a political 
organization and now holds political views antagonistic to my 
own and those of the Democratic party, I feel constrained to and 
herewith present my resignation as member. I assure you and the 
other members of the club of my high personal regard and 
esteem. 



92 DUNNE — JtTDGE, MAYOR, GOVERNOR 



THE SERIOUS CRISIS OF THE DAY. 

Excerpts from Address to Monticello Club, October 2, 1898. 

''"We are face to face with momentous events. We have 
reached a crisis in municipal. State, and National history. in 
Chicago wholesale debauchery of the common council has been 
carried on so openly and brazenly and successfully that no 
scheme of public plunder and spoliation, no matter how rank, 
outrageous, and felonious it may be, can be suggested but that the 
people of the community at its very suggestion are filled with a 
well grounded apprehension lliat it will be consuniniateil. The 
nefarious design of handing over to the street car companies of 
this city a franchise worth at least $50,000,000 and mortgaging 
the streets of this city for fifty years to a conscienceless lot of 
wealthy bribe-giving scoundrels was temporarily warded off only 
two months ago by the firmness of Mayor Harrison and a storm 
of public wrath and indignation which the Monticello Club was 
a potent factor in creating. Today the same malign influences 
are operating more quietly but more efficiently in Springfield. 

"During the last two months the public has been sickened 
with the details of the corruption of our jury system by the sworn 
officers of the law in the temple of justice, while the corpora- 
tions which have profited thereby brazenly pocket the proceeds 
of their infamies and laugh the people to scorn. The bailiff flees 
where remittances can reach him in due course, while the magnate 
smiles and the unfortunate victims of these infamies drag out a 
miserable existence of deformity and starvation. 

"In the State exists a situation no less gloomy and disheart- 
ening. Within the last two years corruption has reeled in a 
drunken orgy through the halls of the Legislature, scattering 
bank notes like a wanton, among a miserable lot of conscienceless 
scamps who have betrayed their constituents and violated their 
oaths of office. The agents of wealthy corporations have secured 
the passage of laws that are a stench in the nostrils of the people 
and a wholesale plunder of their dearest rights. No scheme for 
further enriching the rich or robbing the poor seemed to be too 
scandalous for their consummation. 

"From the Case garnishment bill, which allows only $8 
exemption to the head of a family, to the gigantic infamies, the 



DUNNE JUDGE, MAYOR, GOVERNOR 93 

gas consolidation act and the Allen bill, no measures seemed too 
outrageous for the last ineffaceably contemptible Legislature to 
enact into law. That the Legislature now sitting is not likely to 
leave a better record is shown by the fact that it has chosen as 
its speaker one of the men who at the last session voted for most 
of the infamous laws, and by the further fact that its sessions are 
steadily attended by the ill-omened birds of prey, the lobbyists 
who were so signally successful during the last session in dis- 
bursing their employers' money. 

"The people demand a repeal of the Allen bill, the gas con- 
solidation bill, and the warehouse bill. Will they get it? In my 
judgment it is more likely that they will get the Humphrey bill 
than the repeal of any of them. The dav of King Boodle is not 
passed, either in Chicago or in Springfield, and will not pass until 
an enroused and enraged public, led on by such clubs and organ- 
izations as the Monticello Club, throttle him on his throne and 
hurl him forever from power in this land. But even a greater 
crisis than that precipitated by municipal and State corruption 
is before us — the crisis of the Nation. 

"The rumble of the guns of Dewey's fleet is borne across the 
waters. It is the first broadside of the empire. The republic of 
Washington and Jefi'erson and Monroe and Lincoln never did and 
never would have fired a gun in such a cause as that in which 
Dewey is now engaged. This remained for the Republic presided 
over by William McKinley, whose course in this regard is dic- 
tated by one Mark Hanna and commended by one Richard 
Croker. 

"In what cause do Dewey's cannons roar? In the cause of 
human disfranchisement. The Filipinos demand the rfght to select 
their own government by popular election. They have been 
fighting for it for years. Dewey's guns are shooting down that 
demand. ' ' 

ON GOVERNMENT FOR THE FEW. 

"The need and occasion for such a club has been long mani- 
fest. We who believe in the democratic gospel of equal rights to 
all and special privileges to none, who think the Government was 
organized and should be conducted so as to secure the greatest 
good to the greatest number, have noted with amazement and 
alarm that, for the last six years under an administration pro- 
fessedly democratic as well as republican, the interests and wel- 
fare of the common people were being openly violated and ruth- 
lessly trampled on in the interest of monopoly and an overgorged 
plutocracy. 



94 DUNNE — JUDGE, MAYOR, GOVERNOR 

"We have seen the law so construed as to deprive the lal)or- 
ing man of the right of a trial by jury for its alleged infraction. 
We have seen official murder committed at the instance of capital, 
in Pennsylvania, declared to be no crime. We have seen the bonds 
of the Government sold at scandalously low prices at private 
sale to favored syndicates. We have seen trusts, controlling the 
absolute necessities of life, organized and perfected whose aggre- 
gate capital amounts to the enormous sum of $2,122,882,000 We 
have seen our telephones monopolized, our railroads monopolized, 
our sugar monopolized, also our meat, our ice, coal, salt, gas, oil, 
paper, leather, and even our school books, and the coffins in which 
we are laid away to permanent rest. In view of these circum- 
stances it is eminently proper that we who profess to be Demo- 
crats should get together and organize clubs to resist the en- 
croachments on the people's rights." 



DUNNE — JUDGE, MAYOR, GOVERNOR 95 



DENOUNCES THE ANNEXATION OF 
THE PHILIPPINES. 

Address before Iroquois Club, 1898. 

Mr. Chairman and Gentlemen: 

The year 1898 has been one of the most glorious in American 
history. In the interest of a persecuted and ill-governed people, 
and in the sacred cause of humanity, we declared war upon and 
vanquished a not altogether unformidable foe in one of the short- 
est, most decisive, and lirilliant campaigns in history. The fight- 
ing capacity, high intelligence, and steady courage of the Amer- 
ican sailor and soldier have again been signally demonstrated to 
the world, and the heart of every American thrills with pride 
as he recalls their splendid achievements. 

Flushed with pride and victory, we enter upon the year 
1899 — a year destined to be as momentous to the American 
Nation as 1898 was glorious. During a history of 123 years, the 
young and growing American Republic has engaged in no aggres- 
sive foreign wars. That of 1812 was essentially a defensive 
struggle, wherein the youiig Republic was compelled to defend 
the rights of her citizens upon the high seas. The Mexican War 
was one which arose over a dispute about boundaries in which 
as much could be freely urged in good faith on both sides of the 
controversy. 

The Nation has pursued the even tenor of its way, fortunately 
isolated by its position from the warlike nations of the earth, 
with friendship for all and entangling alliances with none. 

By wisely devoting ourselves to the internal development and 
extension of our farms, our mines, and our domestic manu- 
factures, we have grown from a sparsely settled wilderness in 
1776 into a well settled empire of unparalleled fertility and 
wealth, containing 75,000,000 of free people. The national con- 
fines have been steadily extended, but always by peaceable means, 
and as the result of bargain and sale, except in the case of the 
Mexican War, when the territory in dispute was by treaty 
declared to be American soil. As a result of the revolt of its 
people, spontaneously developed during the Mexican War. the 
California territory also became a part of the public domain, but 
iieither in this case nor in any other where our country enlarged 



96 DUNNE— JUDGE, MAYOR, GOVERNOR 

its territorial jurisdiction did the people of this Kepublic pursue a 
grasping or aggressive policy. The lust of conquest and the greed 
of territorial acquisition had not, up to the year 1898, ranged the 
American Republic among the robber nations of the earth. Until 
the present time the American Republic has not acquired a foot 
of soil except by two honorable methods: 

First. Free and uncoerced purchase from the ow^ners by 
treaty. 

Second. By consenting to the annexation of territory con- 
tiguous to the soil of the Republic, pursuant to the almost unani- 
mous desire of the inhabitants of the territory annexed. 

In considering the important events of the present time, let 
us not for a moment lose sight of the important fact that not one 
foot of American soil in the Republic, as it now exists, has been 
added to the thirteen original colonies and incorporated into the 
American Republic Avithout either a (juit-claim deed from the 
tribe or nation claiming to own the same, or in response to the 
spontaneous and almost unanimous demand of the people dwel- 
ling therein, after they had of their own accord revolted from 
their former rulers. 

Another important fact to be borne in mind is that, with the 
single exception of Alaska, not a foot of soil has been annexed to 
the American Republic before the administration of President 
McKinley which was not contiguous to and from the standpoint 
of symmetrical geography necessary to the natural growth and 
development of the Nation. 

The British possessions to the north, as well as the former 
Spanish and her Mexican possessions to the south, extended from 
ocean to ocean. Naturally, the young and growing Republic 
lying between them upon the shores of the Atlantic, and extend- 
ing to the Mississippi, possessed of sufficient strength in its boy- 
hood to force its manumitment from an unjust and tyrannical 
mother, must, in its growth to manhood, compressed as it was 
betAveen its British and Spanish neighbors, expand westward to 
the Pacific and southward to the Gulf of Mexico. Pursuant to 
this natural trend of development, Louisiana, Florida, Texas, and 
California were acquired from France, Spain, and Mexico, respec- 
tivelJ^ 

The acquisition of Alaska was not, it is true, necessary to the 
natural growth and development of the Nation, but the cession 
of that territory by Russia was freely and voluntarily made for 
a consideration satisfactory to the seller, but regarded by many 
Americans at the time as grossly extravagant. It must be remem- 
bered that at the time of its purchase, gold and other valuable 
minerals were not even suspected to exist therein ; that its total 



DUNNE JUDGE, MAYOR, GOVERNOR 97 

population, including Indians, was less than 30,000, while its 
sole industry was seal fishing. Indeed, there is good reason to 
believe that the purchase was brought about by a seal-fishing 
lobby for the purpose of securing to a syndicate a monopoly of 
that business. 

All of the territory acquired by the United States previous to 
tlie administration of President McKinley was sparsely settled 
and unfit for immediate colonization by American citizens, and 
all of it excepting Alaska has been so colonized, and most of it 
is now thickly settled by our citizens. 

Such being the history of our territorial acquisition in the 
past, we are now confronted with the proposition to annex still 
more territory under circumstances and conditions which every 
American citizen who loves his country, and is anxious for her 
future glory and welfare, should seriously reflect upon and con- 
sider. 

In this consideration the question of partisan politics should 
be, and fortunately can be. wholly discarded. Neither of the 
great political parties of the country has as yet committed itself 
upon the question. Leading men in both parties have declared 
themselves in favor of annexation ; others, equally prominent and 
influential in both parties, have publicly announced themselves 
as opposed to the scheme. The drift of sentiment among the 
ranks of the party in power seems to favor annexation, while the 
general trend of opinion among the opposition seems antagonistic 
thereto. There is imminent danger that the views on the subject 
held by the administration and the party in power will prevail, 
and that the treaty just negotiated at Paris will be ratified. For 
the honor of my country I hope this will not happen ; but, if the 
lust of conquest and the greed of gain dethrone the national 
reason and sense of justice, and this treaty be ratified in the 
Nation's Senate, then, indeed, are there rocks ahead of the ship of 
state. 

During 123 years of national life the honor of the American 
Nation has remained unsullied. I can look back over the pages 
of my country 's history and find thereon no act of perfidy, treach- 
ery, or disgrace. Our declarations of war have been based upon 
justifiable grounds, our treaties have been respected, and we have 
kept faith with the world in all our national declarations and 
manifestoes. 

Can we make this boast if the proposed Spanish-American 
treaty is ratified ? 

In the declaration of war against Spain we declared it to be 
a war of ' ' humanity and not of conquest ' ' — a war undertaken for 
the sole purpose of relieving the starved and plundered Cubans 



98 DUXNE — JUDGE, MAYOR, GOVERNOR 

from Spanish tyranny. Yet, within a few months afterward, 
when the debilitated and vanquished Spaniard is lying at our 
feet, we propose to take from him not only the famished child 
he has robbed and misused, but his watch and chain and most of 
his other trinkets, and offer him his ear fare to get home. 

What will be the verdict of history upon the conduct of the 
United States if this treaty be ratified 1 

In March, 1898, we annoiuice to tlie world, that we have 
undertaken a war of "humanity and not of conquest." In Jan- 
uary, 1899, we ratify a treaty procured by a brow-beating, hucks- 
tering commission, which has measured American honor wdth the 
dollar mark — a treaty which provides for the acquisition of 
120,000 square miles of territory and 10,000,000 of people, without 
a single provision therein providing for the consent of the people 
involved. 

What is the verdict of our contemporaries ? Already the press 
and people of Europe deride our professions of humanity and 
question our political honesty and good faith. They gleefully 
declare, and declare with truth, that the once glorious Republic, 
whose Declaration of Independence recognized the right of man 
to political equality, and declared that all governments derive 
their "just powers from the consent of the governed," has de- 
scended to the level of the robber nations of Europe, whose meth- 
ods of acquiring territory have been recently illustrated in the 
Soudan, w^here Maxim guns and repeating rifles were pitted 
against naked bodies and wooden shields, the wounded assassi- 
nated in cold blood after the battle, and the result celebrated in 
civilized London as a victory — and such massacres called "war." 

Are we the heirs and descendants of the men who revolted 
against a British tyrant because he attempted to force them, in 
the language of the Declaration of Independence, "to relinquish 
the right of representation in the Legislature, a right inestimable 
to them and formidable to tyrants only," now to be heard to 
declare that we have the right to pass laws for 10,000,000 Fili- 
pinos without giving them representation in our Congress? Not 
a single annexationist in Congress or out of it has made a pre- 
tense of admitting that the Filipinos shall be given representa- 
tion in Congress. And if the Filipinos, as now seems likelj', 
resist the extension of oui- domain over their islands, shall we, 
who have gloried in a "government of the people, by the peo- 
ple, and for the people," turn the guns of Dewey's fleet upon 
a brave and gallant people, who for years have carried on a 
bloody struggle with Spain to secure the same independence 
that we fought for and obtained in 1776? If we do, it will be 
the most shameful spectacle in American history — a recantation 



DUNNE — JUDGE, MAYOR, GOVERNOR 99 

of the Declaration of Independence, a colossal infamy, a national 
crime. 

Shall we repeat the history of the Roman republic or, profit- 
ing by its example, avoid its crimes and errors and escape its 
fate? Early in the history of Rome its people revolted against 
King Tarquin, as did our forefathers revolt against George III. 
Then followed in Rome a glorious era in which rugged virtue, 
sterling honesty, simplicity of life, and a love of liberty were 
the distinguishing characteristics of the Roman people, as they 
were the striking attributes of the American citizen during 
Revolutionary days. 

Gradually wealth began to be amassed by the citizens of 
Rome as wealth has been rapidly accumulated in America for a 
(juarter of a century past. Castes were created and the patri- 
cian became separated from the plebeian, the wealthy from the 
poor, just as the same division Jias taken place among us in 
recent times. The creditor began to oppress the debtor and 
the rich l)ecame richer and the poor became poorer in the sec- 
ond century before Christ as is the situation today in the nine- 
teenth century after Christ. 

Internecine agrarian wars broke out, caused by the hunger, 
misery, and distress of the common people in Rome, similar in 
character to our labor strikes, lockouts, and riots of recent years. 
In this crisis the wealthy patricians of Rome who constituted its 
governing class, Avith the double purpose of enhancing their own 
possessions and opportunities for public and private plunder, and 
of filling the empty stomachs of the starving mob and thus dis- 
tracting them from the consideration of misgovernment at home, 
provoked and succeeded in bringing about a series of wars of 
conquest. City after city, province after province, and country 
after country were attacked, overrun, and plundered, their prop- 
erty confiscated and their people sold into slavery. A small 
portion of the proceeds was distributed among the Roman legions 
but the bulk of it went into the strong boxes of the procon- 
suls and their satellites. Tremendous armies were kept con- 
stantly in the field. The whole citizenship of Rome, from the 
consuls down to the camp followers of the legions, became 
fi.red with the lust of conquest and gorged with the spoils of 
victory. The underfed, unorganized mob became an overfed, 
well disciplined, and insolent army, and the end soon came. The 
truculent legionaries, from time to time, selected their most 
desperate and reckless generals and proclaimed them emperors, 
marched upon Rome and installed them on the throne. The 
republic went down in a sea of blood and rapine, and the most 
profligate and tyrannical empire in history was erected upon 



100 DUNNE — JUDGE, MAYOR, GOVERNOR 

its ruins. A Vitellius and a Nero ruled the descendants of men 
wlio had chosen a Cicero and a Lentulus as consuls. 

The American Republic today has reached that point in the 
analogy where colossal wealth and abject penury — overgorged 
satiety and pinched faced hunger — exist side by side among its 
citizens, and foreign conquests and great standing armies are 
suggested by our rulers. Let us pause before we accept the 
suggestions, lest the future history of the American Republic 
he like to that of Rome. What justification can be offered for 
the adoption of the hitherto un-American policy of acquiring 
territory against the will of its inhabitants and forcing our gov- 
ernment on an unwilling people? It is not only a reversal of the 
whole policy of governing people with the consent of the gov- 
erned and a violation of the precedents of American history, 
but it violates both the letter and spirit of our Constitution. 

The only provision in the* Constitution of the United States 
which contemplates the acquisition of territory is in section 3, 
article 4, which declares ''new states may be admitted by the 
Congress of this Union." It is not contended by the advocates 
of annexation that the Philippine Islands or Porto Rico are to 
be admitted now or in the remote future to statehood. This 
provision, therefore, is not referred to or invoked by them. But 
it is contended by the friends of annexation that every sover- 
eignty has inherently the right to develop and grow, and, in the 
progress of that growth, to acquire territory necessary to such 
growth, and that this right exists in the absence of all constitu- 
tional provisions relating thereto. This much I am prepared to 
concede, and it may be that in the acquisition of Porto Rico, an 
island adjacent to our shores, it might be contended, with some 
appearance of candor, that we are not violating the letter and 
spirit of the Constitution ; but w^hen we come to consider the 
proposition of annexing the Philippine Islands w^e run counter to 
several provisions of the Constitution of this country. 

First. The preamble of the Constitution provides: "We, 
the people of the United States, * * * do ordain and establish 
this Constitution for the United States of America." This is the 
opening sentence of the Constitution — and note well the words 
used: "For the United States of America." 

The foundation stone of the whole national structure upon 
which the entire scheme of government was to be reared is laid 
for the United States of America, not for the United States of 
America and Polynesia, or the United States and the Islands of 
the Pacific, but for the United States of America. 



DUNNE — JUDGE, MAYOR, GOVERNOR 101 

Whatever may be said of Porto Rico, it has never been, and 
never will be, .claimed by any honest annexationist that the 
Philippine Islands are in America. 

Second. The same preamble declares that the Constitution is 
established "in order to form a more perfect union." 

Will it be seriously contended that the acquisition of between 
1,300 and 1,400 islands, situated in the tropic zone, over 8,000 
miles away, inhabited by less than 10,000 white men and 10,000,000 
Malays, Mohammedans, and Chinese, many of whom are 
ignorant and but semi-civilized, is conducive to a more perfect 
union "between the states of this Republic"? On the contrary, 
acquisition of such a remote territory, inhabited by such a people, 
must inevitably be a source of weakness and disunion. If one of 
the expressed objects of the Constitution is "to form a more per- 
fect union," is it not a plain violation of both the letter and the 
spirit of the Constitution to introduce into the body politic such 
an element of weakness and disintegration? 

Third. Among other objects sought to be obtained by the 
adoption of the Constitution, as declared in that instrument, is 
"to insure domestic tranquillity and to promote the general wel- 
fare." 

Can you, my hearers, conceive of any scheme more likely to 
destroy, rather than insure, domestic tranquillity and the public 
welfare than to incorporate into the body of American citizen- 
ship over 10,000,000 Malays, Indians, Mohammedans, and Chinese 
so far distant from the seat of government — these people, too. 
being a race of men who, for the last thirty years, have been 
engaged in continuous rebellion against their Spanish rulers? If 
they can and have resisted so steadfastly and valiantly the for- 
eign rule of the Spaniards, is it likely that they wall tamely sub- 
mit to a government in the formation of which they have no 
chance, even though it be American? If they have the force of 
character and sturdy independence of our xVmerican forefathers, 
they will resist American laws in the making of which they have 
had no part, as vigorously and as righteously as they have 
resisted the enforced laws of the Spaniard. All the indications 
at the present time point to a forcible resistance to American 
occupation unless their independence be recognized or their auton- 
omy protected. Is this conducive to domestic tranquillity and 
the public w^elfare? 

Bearing in view the remoteness of these islands from Amer- 
ica, the ignorance and complexity of their population and the 
total dissimilarity between it and the people of the United States, 
both in manners, habits, intelligence, race, and religion, are we not 
forced to the conclusion that, in attempting to annex them, we 



102 DUNNE JUDGE, MAYOR, GOVERNOR 

are violating both the letter and spirit of our Constitution which 
was ordained for an American people and for the more perfect 
union and domestic tranquillity of the American people and no 
other? Are we not, in attempting so to do, opening a Pandora's 
box from which will fly all the evils usually incident to a gov- 
ernment forced upon an unwilling people, which is usually called 
tyranny ? 

But 1 desire to place my opposition to annexation on higher 
and broader and holier grounds than the Constitution, and that 
is the ground of righteousness and morality. There is and should 
be such a thing as righteousness and justice and morality among 
nations as well as among men, ' ' Thou shalt not steal, " is a 
commandment which should be as binding upon statesmen as 
upon private citizens. 

The immortal words of the Declaration of Independence, 
'"All men are created equal" and "Governments derive their 
just powers from the consent of the governed" are as true today 
as they were in 1776 and still more true. Some of the men whose 
names were subscribed to that glorious promulgation of the rights 
of man held black men at the time in bondage. Today such a 
thing is impossible. To attempt to govern a great body of men 
without consulting their wishes and permitting them to declare 
their election for the form and character of the government 
imposed upon them, according to all the teachings and traditions 
of American history, is tyranny and a national crime. It is 
opposed to the genius of American institutions and a violation of 
the national conscience. Never until the year 1898 has any 
American statesman had the temerity to suggest or justify the 
acquisition of foreign soil and the government of its inhabitants 
against their will. This idea of American statesmanship appears 
contemporaneously with the election of men like Mark Hanna to 
the Senate of the United States. A little over a year ago the 
President of the United States in a message to Congress said : 
"I speak not of forcible annexation because that is not to be 
thought of, and under our code of morality that would ])e crim- 
inal aggression." 

These were the words of a true American actuated by the 
spirit of true Americanism, yet this same gentleman today is fav- 
oring the forcible annexation of the Philippines and Porto Rico 
without the consent of their people, for that is what the Spanish- 
American treaty provides. Now he calls it "benevolent assimila- 
tion." "What would the lion have said if he had had McKinley's 
neat felicity of expression on the occasion of the disappearance 
of the lamb? Why simply that it was a case of benevolent assim- 
ibition. 



DUNNE — JUDGE, MAYOR, GOVERNOR 103 

Yet bending before the popular storm which he must see 
rising on the horizon the President hesitates and falters, and 
offers a palliation in the shape of a commission which is to visit 
the Philippines and see what the Filipinos want. Will the Ameri- 
can people or the Filipinos be deluded or deceived by any such 
shifty time serving and senseless proposals? Fifty thousand Fili- 
pinos have been fighting for many years past for their complete 
liberty and independence. They now refuse to lay down their 
arms and decline to permit American soldiers to land in Iliolio or 
any other place where they are in control until their independence 
is guaranteed. Through their representative in Washington they 
are now in respectful language protesting against the ratification 
of this treaty, and reminding us of the principles enunciated in 
our own Declaration of Independence. Yet in the face of all these 
facts, the President would have five estimable gentlemen sail over 
to Manila and sail back again and report to the American Nation 
what the Filipinos want. Is the proposal not farcical, if honest, 
and if made with ulterior motiA^es, is it not shameful? 

If the American people would preserve intact the glorious 
principles of the Declaration of Independence, maintain the integ- 
rity of the Constitution in both letter and spirit, live up to the 
noble precedents of its past history, preserve the self respect of 
the American people, and uphold the national faith and honor 
throughout the world it will repudiate the annexation terms of 
this treaty in the Senate, reassemble its commissioners and 
instruct them to demand the complete independence of the Philip- 
pines, Porto Rico, and Cuba, exacting from them as the price of 
their independence the cost of the war. Then indeed will it have 
been a war of humanit}^ and not of conquest, a war of right 
against might, of righteousness against evil. 

But if the Senate of the United States should besmirch the 
national honor and lower the standard of American manhood by 
ratifying this treaty, then naught remains for the American peo- 
ple but to demand and secure at the polls the independence of the 
Philippines and Porto Rico or prepare for an era of military 
supremacy and imperialism toward which we are but too surely 
drifting. Let us consider what the retention of the Philippines 
means. Many of these islands are mere rocks in the ocean, but 
some of them will be as dangerous to our navy as are the financial 
and political rocks ahead of our ship of state as it sails through 
the dangerous waters of colonial imperialism. It means first an 
increase of our standing army, the cost of which has been esti- 
mated to be from $125,000,000 to $150,000,000 per year. This 
capitalized at three per cent means an indebtedness of five billion 
dollars. 



104 DUNNE JUDGE, MAYOR, GOVERNOR 

Second. An increased navy and costs of fortifications of from 
$150,000,000 to $200,000,000 per annum or equivalent to interest 
at tliree per cent on at least five l)illion more. 

Third. A tremendously increased pension roll, the limits to 
which cannot be defined. In tropical climates white men can 
live in health and vigor but for a few years, and our garrisons 
would be constantly depleted by disease and death, thus entailing 
liabilities of frightful proportions. 

Fourth. Increased liability to embroilment in foreign wars. 

The first three items of expense, just enumerated, must be 
borne even in time of peace, but situated as are the Philippine 
Islands, not far from Chinese, Japanese, Indian, French, English, 
German, and Russian ports and territories, we, as their possessors, 
will be in constant danger of entanglement with one or more of 
these powers. At the present time, when every nation in Europe 
as well as Japan, is hungrily contemplating the partition of China, 
the chances of the ruler of the Philippines being dragged into the 
inevitable struggle are exceedi)igly likely, particularly if it be a 
nation having a respectable navy. Already our hereditary enemy 
of over a century, against whom we rebelled in 1776, who tried 
to crush us in 1812, and who again during the War of the Rebel- 
lion gave her money and sympathy to the South, and fitted out 
the privateers that drove our commerce from the seas, discover- 
ing that we have a navy that is formidable, has given evidence 
of a change of heart and calls us his ' ' Anglo-Saxon cousins. ' ' Let 
us remind him that his protestations of regard are a little too 
late ; that Europe, not England, is the mother country of 
America ; that we need no alliances and can stand alone. And 
yet the press of this country is filled with a lot of silly twaddle 
about an Anglo-American alliance. The good sense of the Ameri- 
can people will never tolerate such an unnatural and dangerous 
connection. 

The United States, outside of the weak and debilitated king- 
dom she has vanquished, has not an enemy in the world. Eng- 
land, on the contrary, has *not a friend in the world. The Rus- 
sian pickets, with loaded guns, are hovering upon the borders of 
her empire in India and Afghanistan, and Russian diplomacy 
has outmaneuvered her in China. 'Tis but yesterday that war 
betAveen England and France over the Fashona incident was 
obviated only by the most skillful diplomacy, without, however, 
allaying the bitter feelings aroused thereby in the minds of the 
people of both countries. Hostility to the British still rankles 
in the hearts of the Boers, and the German Emperor still approv- 
ingly pats the Boer on the back and encourages his resistance to 
English aggression. The colonization schemes of England, 



DUNNE — JUDGE, MAYOR, GOVERNOR 105 

France, Germany, and Portugal in Africa are gradually, but 
surely, coming to a point where open war must soon take the 
place of secret aggression and intrigue. A chance spark will 
explode the mine. 

The United States is separated bj^ the ocean from all these 
warlike and aggressive nations, and has dwelt for over half a 
century in peace and harmony with her neighbors to the north 
and south, and has no bone of contention with, jealousy of, or 
hatred for any nation on earth. On the contrary, the British 
empire, owing to its rapacity in the past and the almost world- 
wide possession of colonies in the present, is always in the posi- 
tion of treading upon some othei-' nation's corns. She is always 
at war and generally with uncivilized or half civilized and ill- 
armed peoples, and always will be at war so long as she pursues 
her present and past history of spoliation and conquest. Is Brother 
Jonathan, who for over fifty years has lived in peace and harmony 
with the whole world, prepared to link arms with and take up 
the quarrels of John Bull, who. as he has walked down the thor- 
oughfare of the nations, has thumped a man or cuffed a boy at 
every street corner and robbed them both, and now shows the 
same bullying disposition, or will he attend to his own affairs, leav- 
ing John Bull to fight out his own destiny? What possible object 
can be obtained by such an alliance? Is there anything that this 
Nation wants that she cannot herself obtain without the assist- 
ance of England or any other nation? I know of none. That the 
alliance would be of much value to England all will concede. It 
will enable her to retain her present supremacy at sea, to hold 
the lands she has conquered and plundered, and possibly to con- 
quer and plunder others. But to use a colloquialism, "Where 
does the Yankee come in?" He is proverbially shrewd at bar- 
gains. The alliance would be at the expense of American money, 
blood, and reputation. What does he get in return? The Anglo- 
maniacs Avho have been stuffing our papers have failed to point 
out a single item of compensation that would result to ■ the 
United States from such a connection, and until they can an 
Anglo-American alliance should not, and will not, be seriously 
entertained by the American people. Even Andrew Carnegie, 
whose love for England is so strong that he flies the Union Jack 
sewed to the American flag over his home, sees the rank unfair- 
ness of such an alliance, and declares in an article published this 
month in the North American Review, "The Republic shall remain 
the friend of all nations and the ally of none; that being free 
today of all foreign entanglements she shall not undertake to 
support Britain, who has these to deal with." 



106 DUNNE JUDGE, MAYOR, GOVERNOR 

Bishop Potter has stated that such an alliance would make 
this country the "catspaw of Britain." The only possible con- 
tingency under which such a proposition as an alliance Avith Great 
Britain could be considered would be the abandonment of the 
republican form of government and the establishment in its place 
of a great colonizing empire, in the establishment of which both 
a great standing army and a tremendous navy, as well as an 
alliance for the time being with some other great power, is essential. 

I sincerely believe that men of the Mark Hanna and Boss 
Croker stamp are prepared for and would welcome such a change. 
There are many indications of such designs. They have untold 
wealth at their disposal. They have fostered and brought about 
the concentration of most of the important manufactures of the 
country into gigantic trusts and monopolies. They have suc- 
ceeded in controlling the output and fixing the price in the 
United States of most of the necessaries of life, of our coal, our 
iron, our oil, our gas, our railroads, our street cars, our salt, our 
sugar, our flour, our rubber, our delft-ware, our tin, our tobacco, 
our snuff, our fish, our brooms, our print goods, our thread, our 
buttons, our milk, our cotton goods, our beef, our pork, our glass, 
our leather, our lumber, our paper, our soap, aye, even our chil- 
dren's school books, and the coffins in which we must be buried, 
and yet not satisfied with their undisputed industrial and finan- 
cial dominion at home they are now, like Alexander, sighing 
for new worlds to conquer. 

In the introduction into foreign lands of their schemes for 
adding to their ill-gotten wealth, they are likely to run counter 
to laws and institutions, in the establishment of which they have 
taken no part. New lobbies would have to be organized to shape 
and modify these laws and institutions so that special privileges 
— the trust and monopoly — may work their wills. Existing 
executives might have to be persuaded, cajoled, intimidated, or 
dethroned. The judicial tribunals of the country might have to 
be enlightened, reconstituted, or reformed. All this costs money. 
What's so cheap and easy as to grab a great territory and a few 
million of human beings by treaty, and through the same instru- 
mentalities and officials that have permitted them to obtain uncon- 
trolled industrial supremacy in the United States, pass a few laws 
in Washington that are satisfactory to them, without consulting 
the wishes or interests of the millions annexed, and then send 
a few satraps or proconsuls to the annexed territory, with a 
large standing army and a powerful navy at the expense of this 
Nation, and compel the millions annexed to submit to these 
enforced laws? 



DUNNE — JUDGE, MAYOR, GOVERNOR 107 

This is the real scheme of the powerful interests advocating 
expansion and imperialism at Washington, and this is the great- 
est danger this Republic has ever been brought to face. Behind 
the seeming lust of empire and annexation, which in reality does 
not exist in the Nation, is the real lust of wealth which does 
exist among the powerful monopolists of America who, unfor- 
tunately, control the administration and shape the legislation of 
the country. No American citizen dreamed of the annexation of 
an unwilling people six months ago. No statesman who valued 
his future would have dared to suggest it. When President 
McKinley, a year ago, declared in his message to Congress that 
"forcible annexation — under our code of morality — would be 
criminal aggression," he spoke the then true sentiment of William 
McKinley and of the entire American citizenship. AVhen he now 
speaks of the "benevolent assimilation'.' of the Philippines he 
speaks the sentiments of Mark Hanna, of Boss Croker, of Rocke- 
feller, of Havemeyer, of Morgan, of the Standard Oil company, 
of the New York Stock Exchange, and of all the violators of our 
laws against trusts and monopolies, but not the sentiment of the 
American peojjle. 

The serious, solemn question presented to us and every 
American citizen is : Shall the views and aims of the trusts, 
monopolies, and dangerously wealthy and corrupt men of the 
country, of whom Hanna and Croker are fair representatives on 
each side of the political fence, prevail, or shall the common 
citizenship of the Republic, Democratic, Republican, Populistic, 
alike, assert its intelligence and love of republican government, 
drive the money changer from the temple of liberty and reassert 
to the people of the world at large, and the Philippines in par- 
ticular, that this is a government "of the people, by the people, 
for the people," and that no government is just, or has the 
right to exist, that does not exist with the full consent of the 
governed 1 

Great social and economic questions have been confronting 
us in recent years. Inequality and injustice of taxation are prob- 
ably the most important. You, the members of this organization, 
believe you have found the true solution of the problem and a 
certain cure for the evil. Municipal and national ownership of 
the means of transportation and communication is also a ques- 
tion of the greatest public importance, and I, for one, believe the 
legislation could and should be passed that would secure the same. 
Other important social and economic questions are ripe for dis- 
cussion, but in my judgment all of these matters, are, at the pres- 
ent time, secondary in importance to the all-absorbing question 
as to whether the Republic shall live. If imperialism prevails 



108 DUNNE — JUDGE, MAYOR, GOVERNOR 

the Republic dies. If the Republic dies the single tax, municipal 
ownership, state socialism, and all other agitated reforms sink 
together into the dust. Citizenship and the suffrage Avill disap- 
pear, and in the end the moneyed oligarchy, paraphrasing the 
declaration of the French autocrat to his courtiers, will say to the 
people of America, "The State! We are the State!" 

Ex-Governor Altgeld has recently declared that since the 
promulgation of the Declaration of Independence over 250 con- 
stitutions that were republican in form have been adopted. Most 
of them have perished. Is this to be the fate of our glorious 
Republic? Not if the American people are true to the traditions 
of the past and alive to the perils of the present. Not if the 
wise and patriotic admonitions of Washington are rememl)ered. 
Not if the spirits of Jefferson and Jackson hover over the Repub- 
lic. Not while the Declaration of Independence remains the gos- 
pel of American liberty. But, if forgetting or repudiating all 
these, the American people, like the Romans, abandon the Republic 
for an empire, who can safely predict that the American empire 
will have a different end from that of Rome? 



DUNNE — JUDGE, MAYOR, GOVERNOR 109 



VIEWS ON SPANISH-AMERICAN 
TREATY. 

Excerpts from Address to Single Tax Club, January 28, 1899. 

"Ill no case where our country enlarged its territorial juris- 
diction did the people of the republic pursue a grasping or aggres- 
sive policy. The lust of conquest and the greed of territorial 
acquisitions had not, up to the year 1898, ranged the American 
Republic among the robber nations of the earth. 

"Until the present time the American Republic has not 
acquired a foot of soil except by two honorable methods: 

"First. Free and uncoerced purchase from the owners by 
treaty. 

"Second. By consenting to the annexation of territory con- 
tiguous to the soil of the Republic, pursuant to the almost unani- 
mous desire of the inhabitants of the territory annexed. 

"What will be the verdict of history upon the conduct of 
the United States if the Paris treaty be ratified? In March, 1898, 
we announce to the world that we have undertaken a war of 
'humanity and not of conquest.' 

"Are we the heirs and descendants of the men who revolted 
against a British tyrant because he attempted to force them, in 
the language of the Declaration of Independence, 'To relinquish 
the right of representation in the legislature, a right inestimable 
to them and formidable to tyrants only,' now to be heard to 
declare that we have the right to pass laws for 10,000,000 Fili- 
pinos without giving them representation in our Congress? Not 
a single annexationist in Congress or out of it has made a pre- 
tense of admitting that the Filipinos shall be given representa- 
tion in Congress. 

"And if the Filipinos, as now seems likely, resist the exten- 
sion of our dominion over their islands, shall we, who have 
gloried in a 'government of the people, by the people, for the 
people,' turn the guns of Dewey's fleet upon a brave and 
gallant people who for years have carried on a bloody struggle 
with Spain to secure the same independence that we fought for 
and obtained in 1776? If we do it will be the most shameful 
spectacle in American history, a recantation of the Declaration 
of Independence, a colossal infamy, a national crime. 



110 DUNNE — JUDGE, MAYOR, GOVERNOR 

"If the Senate of the United States should besmirch the 
national honor and lower the standard of American manhood by 
ratifying the treaty, then naught remains for the American peo- 
ple but to demand and secure at the polls the independence of 
the Philippines and Porto Rico, or prepare for an era of mili- 
tary supremacy and imperialism toward which we are but too 
surely drifting. Let us consider what the retention of the Philip- 
pines means. Many of their islands are mere rocks in the ocean, 
but none of them will be as dangerous to our navy as are the 
financial and political rocks ahead of our ship of state as it sails 
through the dangerous waters of colonial imperialism. 

"It means, first; an increase of our standing army, the cost 
of which has been estimated to be from $125,000,000 to 
$150,000,000 a year. This, capitalized at three per cent, means 
an indebtedness of $5,000,000,000. 

' ' Second. An increased navy and cost of fortifications of from 
$150,000,000 to $200,000,000 per annum, or equivalent to interest 
at three per cent or at least $5,000,000,000 more. 

"Third. A tremendously increased pension roll, the limits of 
which can not be defined. In tropical climates white men can 
live in health and vigor but a few years and our garrison would 
constantly be depleted by disease and death. 

"The immortal words of the Declaration of Independence, 
'AH men are created equal' and 'governments derive their just 
powers from the consent of the governed' are as true today as 
they were in 1776 and still more true. Some of the men whose 
names were subscribed to that glorious promulgation of the rights 
of man held black men at the time in bondage. Today such a 
thing is impossible. 

" To attempt to govern a great body of men without con- 
sulting their wishes and permitting them to declare their election 
for the form and character of the government imposed upon 
them, according to the teachings and traditions of American 
history, is tyranny and a national crime. It is opposed to the 
genius of American institutions and a violation of the national 
conscience." 



DUNNE JUDGE, MAYOR, GOVERNOR 111 



THE MANCHESTER MARTYRS. 

Address by Judge Dunne, November 25, 1899. 

Mr. Chairw\an and Gentlemen: 

"Crowns of roses fade; crowns of thorns endure; Calvaries"- 
and crucifixions take deepest hold of humanity; the triumphs of 
might are transient, they pass and are forgotten; the sufferings 
of right are graven deepest on the chronicle of nations." — Words- 
taken from an author to me unknown. 

Thirty-tw^o years ago, in the city of Manchester, three humble 
Irishmen gave up their lives upon an English scaffold as an 
expiation of Irish resistance to English rule. 

From that down to the present, a lapse of nearly a third of 
a century, the tragic fate of these men has been annually com- 
memorated in every part of the civilized or uncivilized earth into 
which English misgovernment has driven the Irish race. 

In the stately capitol of Ireland, with the shadow of Dublin 
castle, in rebel Cork, in ancient Galway, in prosperous Belfast, 
in the Australian bush, among the Canadian forests, in the min- 
ing camps of the Rockies and South Africa, in the great cities 
of America, aye, in the English metropolis itself, Manchester 
Martyrs day has been, is, and will be commemorated as long as 
the spirit of Irish nationality continues to live. 

What is the reason for keeping alive the memory of this 
tragic event? 

These men were not great in camp, in court, or in the field. 
They were neither statesmen, warriors, poets, or philosophers. 
They had not the glory of "dying on the battlefield, their broken 
spears beside." They fell not at the head of charging batal- 
lions, nor dearly sold their lives to cover their beaten but uncon- 
quered comrades in retreat. The honor of a soldier's death was 
not theirs. 

Amidst the gloom of a November day their lives were 
strangled out of them by an English hangman, surrounded by all 
the ignominies and humiliations of an English execution. None 
the less, they died the deaths of heroes and earned for themselves 
the right to be numbered in the long and bloody list of Irish 
martyrology. 



112 DUNNE — JUDGE, MAYOR, GOVERNOR 

It fell to their lot to take their part in the struggle of the 
Irish race for Irish nationhood, a struggle which has been handed 
down from sire to sou through twenty-eight generations and, 
looking full in the face of death, they played their part like gal- 
lant men. 

In the supreme moment of their taking off, like the obscure 
French Captain Cambronue on the field of Waterloo, they hurled 
contempt and defiance into the teeth of their country's trium- 
phant enemies. 

The Irish race commemorates th«ir tragic death, because by 
it they proved to the world that the spirit of Irish nationality 
is not dead nor yet sleeping, that despite Papal bulls and Epis- 
copal fulminations, penal laws and coercion acts, wars, massa- 
cres and governmentally created famines, oppression and cor- 
ruption from without, and dissention and faction within, the 
gibbet, the pitch-cap, the convict hulk, and the famine ship, the 
militant spirit and ardent aspirations of the Irish race for nation- 
hood have neither been smothered to death nor beaten into insen- 
sibility. 

The Irish people through the world revere and honor these 
men because, in dying upon the scaffold in the cause of their 
country's enfranchisement, they have placed themselves in the 
exalted company of Shaun 'Neill and Tone and Shears, and Orr 
and Robert Emmet, and that countless list of gallant men whose 
flowing blood has made the English scaft'old an Irish altar of 
adoration. 

The celebration of this anniversarj^ at the present time is of 
peculiar significance. 

• If the story of the lives and deaths of these men reveals 
anything it is that no race of people is great enough or good 
enough, or strong enough, to force its rule upon another high- 
spi)'ited and unwilling people. 

It is over seven hundred years since the English, under war- 
rant of Pope Adrian's bull, assumed control of Ireland. Within 
these seven centuries there surely has been ample opportunity 
for "benevolent assimilation." 

Yet within these seven centuries there has never been a day 
when the great body of the Irish people were not disloyal to the 
English government and eagerly awaiting an opportunity for 
successful revolt. During the last century there have been four 
open insurrections, or more than in any previous century, and 
British rule has been maintained during the nineteenth century 
only by suspending the habeas corpus act, that palladium of Eng- 
lish liberty, for twenty years, and by enforcing upon the Irish 
people for forty-five other years the most drastic and tyrannical 



DUNNE — JUDGE, MAYOR, GOVERNOR 113 

coercion acts. lu other words, English dominion has been pre- 
served in Ireland during the last century only by denying to the 
Irish people for sixty-five years of that time the right to live as 
English, Scotch, and Welshmen did during that same period. And 
this was accomplished by the use of a standing army of from 
thirty to sixty thousand men. Imagine the State of Illinois 
keeping from thirty to sixty thousand militia constantly under 
arms and mobilized ready for action, with laws in force mak- 
ing it a penal offense for any citizen to have a revolver or a shot- 
gun upon his person or premises, with the writ of habeas corpus 
from time to time suspended, and the right of the soldiery to 
search a man's house at any time of the day or night, and you 
can understand the condition of Ireland for the last one hundred 
years. What it was before this century is beyond the reach of 
ordinary language. 

A reading of the English penal laws in force in the eighteenth 
century makes the blood run cold. 

The condition of Ireland during the last century is a fair 
sample of the success of attempting to govern an intelligent, 
high-spirited people without the "consent of the governed." 

Yet, notwithstanding its experience with the Irish people, 
the British empire is again endeavoring to repeat history in the 
Transvaal. 

Here they have found a sturdy race of high-spirited. God- 
fearing, law-abiding and law-enforcing Dutchmen in possession 
of a country rich in soil and mineral resources. These men, 
driven from British possessions, after years of conflict with wild 
beasts and savage men, have conquered the wilderness, established 
homes, and founded a republic. Suddenly gold and diamond 
mines of enormous richness are discovered, and British subjects 
are attracted thereby from the adjoining British colonies. The 
value of these mines is reported in Dow^ning Street, and that 
august £>nd conscienceless council of national land-grabbers, 
called the British cabinet, resolves to "benevolently assimilate" 
the Dutch republic. A fight with the republic must be provoked. 
A willing tool is at hand. Gladstone, the greatest and grandest 
Englishman who ever lived, had concluded an honorable treaty 
with the Transvaal republic, in w^hich the independence had been 
guaranteed. Joseph Chamberlain, surnamed Judas, because of his 
ingratitude toward and betrayal of Gladstone, is a member of 
the British cabinet as a reward for his treachery. To him is com- 
mitted the task of diplomatic highw^ay robbery. 

A number of English gold seekers and fortune hunters in the 
race for wealth had entered the Transvaal and were working 
the mines and the Boers for all there was in it. 



114 DUNNE — JUDGE, MAYOR, GOVERNOR 

These men, under the leadership of Cecil Rhodes and Dr. 
Jameson, had endeavored to raise an insurrection and steal both 
the mines and the country only a few months ago, and as a result 
were thoroughly thrashed by the Boers. The Transvaal republic, 
like our oavu country and most other governments, had enacted 
naturalization laws, requiring that all foreigners should reside 
within the Transvaal a certain period before they could become 
citizens of the republic. These naturalization laws were seized 
upon by the wily Chamberlain as a pretext for diplomatic inter- 
ference. 

Through diplomatic channels he complained that the natur- 
alization laws were unreasonable in requiring too long a resi- 
dence in the Transvaal by Englishmen before they could become 
citizens of the Dutch republic. Just think of the sincerity of 
this complaint. An English cabinet minister complaining to a 
foreign government that its laws were unnecessarily stringent in 
preventing a British subject from renouncing allegiance to the 
British sovereign and becoming a loyal citizen of a foreign 
country ! 

A rogue as well as a liar must needs to have a long memory 
to avoid exposure. Chamberlain is a diplomatic rogue and has 
not a long memory. If he did he would have remembered that 
before and during the war of Great Britain against the United 
States, in 1812, the British Government insisted upon the right 
to impress and take from American vessels naturalized American 
citizens, on the ground that "once a British subject a man con- 
tinued to be always a British subject." So tenacious of this 
claim has been Great Britain that in the treaty of 1815 she 
refused to recede from her position in this regard, and the treaty 
is silent upon the subject. 

Both the nation and its subjects, if we except the rebellious 
Irish, we all know in this country, are loath to admit that once 
a British subject should ever become the citizen of a foreign 
country, and yet the Pecksniffian statesman Chamberlain uses the 
restraint placed upon the renunciation of British citizenship by 
the Boer republic as a pretext for war. The impudence of this 
claim equals its sincerity. What right has one country to be 
heard upon the qualification of citizens of another? By inter- 
national law, in the absence of treaty, one country has the right 
to exclude foreigners absolutely from its territory. To admit 
to citizenship upon any condition is a matter of favor. We 
exclude Chinese absolutely and admit Europeans only upon five 
years' residence. What would be thought of Mr. Chamberlain's 
contention if he attempted to interfere in America in the inter- 



DUNNE — JUDGE, MAYOR, GOVERNOR 115 

est of English subjects resident therein, and complain of the 
unreasonableness of its naturalization laws? 

But the insincerity and impudence of this pretext was ex- 
posed by Oom Paul, when he offered to appoint a joint commission 
to consider the reduction of the term for naturalization, provided 
the British government would agree not to use the matter as a 
pretext for future interference and ratify a former treaty in 
which the complete independence of the Transvaal was recog- 
nized. We are all familiar with the shifting negotiations of 
Chamberlain, during which he craftily prolonged the interchange 
of diplomatic notes while he was steadily transporting British 
troops to South Africa, and getting his heavy artillery ready to 
pulverize the young republic. And we also know that the honest 
old Dutchman, Oom Paul, called time on British trickery and 
declared that unless all preparations for war by the British gov- 
ernment ceased within forty-eight hours he would declare war. 
And declare war he did, to his eternal honor and the honor of the 
South African republics. What has transpired within the last 
three months is the most unprincipled, dishonest, and disgraceful 
act in Britain's shameful history of rapine and robbery. It is 
a plain, indecently disguised attempt at national highway rob- 
bery. In the struggle now going on in South Africa, it is my 
hope, as I believe it is the hope of nine-tenths of the American 
people, that right and justice will prevail and that these gallant 
Dutchmen will prove to the world that Great Britain has at last 
over-reached herself. 

For the first time in eighty years the British troops, without 
allies, are facing white men with arms in their hands and their 
homes and firesides behind them. 

They are not now fighting with famine-stricken Irishmen, 
armed with pike and scythes; nor half -naked dervishes, equipped 
with bows and arrows ; nor Zulus, armed with assegais ; nor Abys- 
sinians carrying spears, but with men having modern firearms, 
and the ability and courage to use them. May the God of 
righteousness give strength to their arms, courage to their hearts, 
and accuracy to their aim. 



116 DUNNE — JUDGE, MAYOR, GOVERNOR 



TO A REUNITED DEMOCRACY. 

Address to Iroquois Club, 1899. 

Mr. Chairman and Gentlemen: 

In behalf of the Iroquois Club and of the reunited democracy 
which it typifies and represents, 1 bid you welcome to this feast. 
Once again after the lapse of four years we who called ourselves 
"Democrats and National Democrats" in 1896 are today content 
with and proud of the unhyphenated title of "Democrat." Four 
years ago we divided upon a single issue and made possible the 
election of a Republican President. Who of us does not regret 
it ? The money issue was then the paramount one before the people 
and unfortunately we could not agree thereon. It is still an issue, 
but not the only one. 

The Spanish-American War and the prostitution thereof by 
the present administration to ignoble ends has hurled a new issue 
into the arena of American politics. The wold bull of imperialism 
with the Republic upon his horns is facing the Ursus of democracy. 
At such a juncture, when the Republic is in peril, all men who 
believe in the doctrines of the immortal Declaration of Independence 
and the principles of Jeffersonian democracy must and will sink 
all minor differences and unite for her defense. The Republic, 
founded by our forefathers upon the principles laid down in the 
Declaration of Independence, must and shall be preserved in its 
pristine purity. 

What is the condition of affairs under President McKinleyH 
Under his guidance, or rather that of Mark Hanna, we declare a 
M^ar for humanity and make it a war of conquest. We help to arm 
the Filipinos and fight alongside of them as their allies and, having 
with their assistance subjugated the Spaniards, we basely betray 
them, turn our guns upon them and treat them as our slaves. We 
solemnly promise independence to the Cubans, yet, although it is 
eighteen months after the cessation of hostilities, we still hold a 
military occupation of the island. We solemnly proclaim to the 
Porto Ricans our intentions to make them an integral part of the 
Republic and are now enacting laws which make them men with- 
out a countr.y. We have within two years quadrupled our standing 
Army, although our administration declares we are at peace, and 
use it as special police against the laboring men in all conflicts be- 



DUNNE — JUDGE, MAYOR, GOVERNOR 117 

tweeii labor and capital. We are endeavoring to jam through the 
Senate a treaty with the most powerful naval power in the world, 
which deprives us of the power to fortify the proposed Nicaraguan 
canal, which Blaine declared to be practically an American coast 
line, and which gives to that great power equal access to this canal 
with ourselves ; we have cast to the winds the most hallowed and 
distinctively American dogma, the Monroe doctrine, and to crown 
our blunders and mistakes, according to the assertions of Joseph 
Chamberlain, a member of the British cabinet, who ought to know, 
have entered into a secret understanding with the British empire 
while it is attempting to despoil and destroy the gallant Dutch 
republic in South Africa. 

From the Republic of Jefferson to the what is it of McKinley, 
how has the mighty fallen? 



118 DUNNE — JUDGE, MAYOR, GOVERNOR 



DENOUNCES ENGLAND IN THE 
TRANSVAAL. 

Address on Behalf of the Boers, January 5, 1900. 

Mr. Chairman, Ladies and Gentlemen: 

1 would that I were possessed of the eloquence of your distin- 
guished chairman, or of the powerful command of language and 
versatility of expression for which the gentlemen who follow me 
are noted. For, to adequately describe the conduct of the British 
government in the war now being conducted in South Africa, and 
the diplomatic negotiations which preceded it, would require a 
tongue of fire and words that blaze and burn, I am not so gifted, 
and it is not my intention tonight to appeal to your passions or 
arouse your enthusiasm. I shall content myself with a plain, and 
I hope, truthful, presentation to you of the issues involved in this 
controversy, and then appeal to you to decide what you and I, 
and the American citizens in this country, should do under the 
circumstances presented. 

What is the situation presented to us in South Africa? On 
the one hand two weak, struggling republics, one of them not 
twenty years of age, and the other scarcely fifty, containing a 
population not to exceed one and one-quarter million of souls, black, 
white, brown, and yellow included. Out of this population not 
over one-third are white, and, assuming that one-sixth of them are 
able-bodied men between the ages of eighteen and sixty, they cannot 
place in the field an army to exceed 70,000 men. 

These young republics, with this small population, are battling 
for their independence and national existence ; they are fighting 
for the preservation of their homes and firesides. 

On the other side is the greatest empire now on the face of 
the earth, which boasts that the sun never sets upon its dominion 
and that its drum-beat is heard around the world, which numbers 
among its citizens and subjects 350,000,000 souls. This great 
empire has entered upon this w^ar for the purpose of extinguishing 
the national existence of these republics and to add their terri- 
tory to its already dangerously expanded domain. Irrespective of 
the merits or demerits of the controversy, the ordinarily constituted 
man \vould naturally sympathize with the weaker side. If we met 
a man upon the street cuffing and bullying a boy our sympathy 



DUNNE — JUDGE, MAYOR, GOVERNOR 119 

would naturally go out to the boy. If upon investigation we dis- 
covered tliM the man was the boy's parent and that the boy is 
recalcitrant and incorrigible, we might moderate our views as to the 
justice of the punishment. But if, on the other hand, we discover 
that the man is not the boy's parent but a bully and a robber who 
is seeking to take from the boy what is rightfully his, our sympathy 
would blaze into indignation. 

Such is the situation in the Transvaal. Not only are the South 
African republics weak in comparison with the great British 
empire, but they have justice, morality, and equity on their side. 
Never since the day when Leonidas, with his 300 Spartan and 4,000 
weak-kneed allies, faced 3,000,000 Persian soldiers, under the com- 
mand of the Persian king, in the pass of Thermopylae, has the 
world ever witnessed such a sublime spectacle of heroism as that 
presented by the South African republics in their resistance to 
British aggression. 

A man or nation who accepts tlie gauge of battle at odds of 
300 to 1 must be inspired by a resolution born of despair or in- 
spired by God. 

A plain and truthful statement of the causes leading up to this 
war is absolutely necessary at this time, for the reason tliat the 
Boers, not having the ear of the American public and not being 
possessed of the English language, have not been able to present 
their case as it should be for a fair decision by the American 
people. 

The British empire possesses three great instruments for the 
extension of its power and the acquisition of territory. First, its 
tremendous navy, exceeding that of any two nations; second, a 
powerful army large enough to adequately police the plundered 
nations she has reduced to subjection and still leave sufficient to 
enable her to carry out her future schemes of robbery; and third, 
and more powerful than either, her press and literature. She has 
extended her language outside of the United Kingdom to nearly 
the whole of North America, all of Australia, a great portion of 
India and Africa and her other colonies throughout the world. 
Her writers and historians are the ablest in the world, and through 
this pow^erful instrumentality she has been able, and is now able, 
to present her side of the case in its most favorable aspect. By 
some of her writers it is presented dishonestly ; by others adroitly ; 
but by all of them it is presented to the people of the world in its 
most favorable guise. There is need, then, of a truthful statement 
of the cause leading up to the present war. 

By the treaty concluded between the Transvaal and the British 
empire in 1881 the Boers were accorded a modified or restricted 
autonomy. For years prior to that they had been subject to British 



120 DUNNE — JUDGE, MAYOR, GOVERNOR 

dominion, but having thrashed the British troops at Majuba Hill, 
they demanded and were accorded a nominal degree of independ- 
ence as a nation. This independence was, however, limited in 
certain important particulars. In the first place, under the lan- 
guage of the treaty, the Transvaal territory was guaranteed free 
self-government under the suzerainty of her majesty ; secondly, 
her majesty reserved the right to appoint a British resident in 
and for the Transvaal state ; thirdly, the British government re- 
served the right to move troops through the Transvaal states in 
time of war, or in case of apprehension of immediate war between 
Great Britain and any foreign state or tribe in South Africa ; 
fourthly, the control of the external relations of the Transvaal 
states, including the conclusion of treaties, the conducting of diplo- 
matic intercourse with foreign powers, were to be carried on through 
her majesty's diplomatic consular officers; fifthly, it was provided 
in the treaty that no future laws, affecting the interest of the 
natives in said territory, should have any force or effect without 
the consent of her majesty; and sixthly, that all disputes between 
the Transvaal states and the natives of South Africa, not resi'ding 
in the Transvaal, were to be decided by the British resident as 
arbitrator. There were other restrictions in the treaty limiting 
the independence of the Transvaal as to foreign powers. 

Under the terms of this treaty the government of the Trans- 
vaal republics was conducted for four years, but constant friction 
arose between that state and the British suzerain and in 1884 Glad- 
stone, then premier of England, entered into negotiations with 
the commissioners appointed by the Transvaal and concluded a 
treaty that year which was honorable alike to the British nation 
and the young republic, and which clothed the name of Gladstone 
with imperishable honor as a just and enlightened statesman. 

By this treaty all the restrictions of the treaty of 1881 were 
removed, the title of suzerain on the part of Great Britain was sur- 
rendered, and the Transvaal was recognized as an independent 
nation under the name of the South African T?epu])lic, the only 
rights reserved by the British empire being that contained in article 
four, which provides that "The South African Republic will con 
elude no treaty or engagement with any state or nation other than 
the Orange Free State, or with any tribe, until the same has been 
approved by her majesty." This is the only provision in the treaty 
of 1886 which gives the British government the right to interfere 
in either private or foreign concerns of the South African Re- 
public. 

This treaty having been solemnly ratified by both parties 
was respected by both without protest or objection until the year 
1899. 



DUNNE JUDGE, MAYOR, GOVERNOR 121 

In the meantime gold in enormous quantities had been dis- 
covered, in the year 1886, in the Transvaal, and later developments 
have tended to prove that the yield is almost inexhaustible. Thou- 
sands of British subjects immigrated to the Transvaal and by 
working the mines have become enormously rich. It has been 
stated that nine-tenths of the output of the mines of the Rand 
have gone into the pockets of British subjects. Not content with 
the laws enacted by the Transvaal republic, so generous as to permit 
of the acquisition of this enormous wealth, English filibusterers 
cast covetous eyes upon the whole country, and in the year 1896 
a lot of English freebooters, under the leadership of Cecil Rhodes 
and Dr. Jameson, organized a filibustering expedition and attempt- 
ed to seize the country by force. The sturdy burghers suppressed 
the effort quickly and foolishly handed over its ringleaders to be 
dealt with according to the terms of British law. Those men 
were plainly guilty of high treason to the Boer republic and could 
have been, according to the law of nations, punished with death in 
the Transvaal. The English government went through the farce 
of a trial and gave them a few days' imprisonment. Since that 
time the whole force of British intrigue and diplomacy has been 
directed toward provoking a quarrel with the young republic, with 
the ultimate object of overwhelming it in battle and appropriating 
its territory. 

Cecil Rhodes placed before that august body of national land- 
grabbers, known as the British cabinet, a truthful story of the 
wealth of the gold mines in the Transvaal and that cabinet deter- 
mined that the English nation should soon possess them. They 
chose as their instrument of intrigue that tricky politician, the 
colonial secretary. Chamberlain, surnamed Judas, because of his 
disloyalty to his great chief, Gladstone. As a reward for his trickery 
he occupies a seat in the British Cabinet. He was a fit and willing 
tool for the dishonest enterprise. Not being able to discover any- 
thing in the terms of the treaty which he could seize upon as a 
pretext, he placed before the President of the Transvaal as a casus 
belli the alleged unreasonable laws of the Transvaal relating to 
the naturalization of foreign subjects. Think of the justice and 
sincerity of this claim. He complained that the laws of the republic 
were unduly onerous in the matter of preventing a British subject 
from foreswearing allegiance to this sovereign. If there is a country 
on earth that has gone to extremes in denying the rights to its 
subjects to expatriate themselves it is the British government. 

The war of 1812 between Great Britain and the United States 
arose out of the claim by the British government that ''once a 
British subject a man remains always a British subject." This 
double-dealing government at that time violently boarded American 



122 DUNNE JUDGE, MAYOR, GOVERNOR 

vessels on the high seas and impressed American seamen, who had 
once been British subjects, claiming the right so to do by reason of 
the fact that under British law a British subject could not ex- 
patriate himself. In the peace which was concluded after that 
war between Great Britain and America the British government 
refused to abandon this claim. It now, for the purpose of pro- 
voking a quarrel with the South African Republic, insists, through 
the wily and maladroit Chamberlain, that a law of the Transvaal 
Republic which makes it difficult for a British subject to become 
a citizen of the Transvaal Republic is unjust and unfair. Aside 
from this insincerity the claim can have no standing in inter- 
national law. Any free and independent nation has the right to 
prescribe its terms of naturalization or to absolutely prohibit it 
under any terms. No foreigner can become a citizen of the British 
empire without the consent of its home secretary. William Waldorf 
Astor had to obtain that consent before he could become a British 
subject. The United States absolutely prohibits the Chinese not 
only from becoming citizens but from entering into the country, 
and has always prescribed a certain degree of residence in this 
country before a citizen of any foreign country can become a citizen 
of this Republic. All independent nations have enacted laws with 
reference to the naturalization of foreigners and they change them 
at will, but no country, up to 1899, has ever had the temerity to 
complain of the unreasonableness of any such laws. What would 
be the answer of the United States if Great Britain complained 
tomorrow of the unreasonableness of its naturalization laws? The 
whole affair is a flimsy pretext seized upon by Chamberlain, in the 
absence of any real complaint, for the purpose of provoking war 
with the Boers. He has bullied not wisely but too well. During 
the whole period of the negotiations the British government was 
transporting its troops and its heavy artillery to Cape Town for 
the purpose of squelching the Boers when everything was in 
readiness. But that sturdy old Dutchman, Oom Paul, exposed 
their trickery when he offered to submit the whole matter to arbi- 
tration, provided the British government would not use the matter 
as a precedent for future complaints and would recognize in plain, 
unequivocal terms the complete independence of the Transvaal 
republic. 

When Chamberlain refused to enter into any such arrangement 
he called "time' on English trickery, and to his eternal honor and 
the honor of the South African Republic, he declared war. There 
is neither reason, justice, or even ill-disguised decency in the po- 
sition taken by the British government in this controversy. It 
is a plain case of unmitigated and unvarnished national highway 
robberv. 



DUNNE JUDGE, MAYOR, GOVERNOR 128 

What is the duty of the American citizen under this situation 
of affairs? It has been pointed out to us by the subjects of Great 
Britain and their sympathizers in this country. The expatriated 
American, William Waldorf Astor, has subscribed 5,000 pounds 
for the furnishing of a British troop. He is evidently aiming at a 
peerage. In his magazine he has been recently endeavoring to trace 
connection between the honorable house of Astor and the Duke of 
Astorias. Why go to so much trouble ? If he succeeds in obtaining 
a peerage we can remind him of the origin of his house. His great 
great-grandfather laid the foundation of the Astor fortune in pelts. 
Upon obtaining his peerage we suggest that he select the name of 
Lord Cashdown or Baron Coughup, that his coat of arms be a skunk 
skin rampant, and his motto "cauda cum tcgumento" — the tail 
goes with the hide. Lady Churchill, another expatriated Ameri- 
can, has raised a hospital corjjs for the relief of the British 
wounded, a most commendable cause, but in so doing she has ill 
christened an English vessel flying the Stars and Stripes, with the 
name of the ill-fated Maine. How the spirits of the Kellys, the 
Murphys, and the Sheas, who went down to a watery death in the 
harbor of Havana, must have groaned in anguish when they heard 
this news. Unexpatriated British citizens in the city of Chicago 
have been collecting upon the Board of Trade and in the banks of 
this city funds for like purposes. They have set for you and other 
American citizens who sympathize with the young republics — 
and they are nine-tenths of the citizens of this Republic — an exam- 
ple. Let us contribute to furnish hospital supplies to the sick and 
wounded Boers. Subscribe for that cause in the name of justice, 
in the name of humanity, in the name of right, in the name of 
republican principles, and as a protest against British. piracy and 
British plunder. 

In the meantime let us watch the negotiations and pour parlers 
passing between London and Washington. We cannot hope for 
intervention, in the interest of the Boers, while President McKinley 
is in the White House, but we can have our representatives in 
Congress demand that all state papers passing between London 
and Washington shall be submitted to the inspection of the Ameri- 
can people. If it is true, as I hope it is not, that the American ves- 
sel Montgomery has been acting the part of look-out on the African 
coast while the British burglar is' attempting to despoil the South 
African republic, there will be a day of reckoning with the American 
people. In the meantime subscribe. Communicate with your 
representatives in Congress and further in every lawful manner 
the just and righteous position of the Boers and while the fight 
progresses may the God of justice give courage to the hearts of the 
Boers, strength to their arms, accuracy to their aim, and success to 
their just and holy cause. 



124 DUNNE — JUDGE, MAYOR, GOVERNOR 



APPEAL ON BEHALF OF THE BOERS. 

Judge Dunne's Speech at Auditorium Hall, June 5, 1900. 

Mr. Chairman mid Ladies and Gentlemen: 

We meet tonight in the shadow of a great impending polit- 
ical crime. We meet to protest against the consummation of 
the crowning political infamy of the nineteenth century. As 
citizens of a Republic, built upon a corner stone upon wiiich is 
inscribed the words " All governments derive their just powers 
from the consent of the governed," Ave meet to protest against the 
strangulation of two young republics by a powerful and unscrup- 
ulous empire which repudiates the doctrine of government with 
the consent of the governed. 

As citizens of a Republic which owes its existence to the 
intervention of a friendly power we meet to inquire what has 
paralyzed the spirit of the American Nation and what causes its 
Executive to stand nerveless and dumb while two guiltless young 
republics are being done to death. 

The South African Republic has an undoubted right to 
enact stringent naturalization laws ; nay, more, it was absolutely 
necessary to its existence that it should do so in view of the 
recent attempt of British freebooters, under the leadership of 
Jameson and Cecil Rhodes, with the connivance of Chamberlain 
and the English cabinet, forcibly to seize and plunder their coun- 
try. But the whole world knows that the real cause of this unjust 
and unrighteous war is not the naturalization laws of the Trans- 
vaal, but the lust of gold. The present war is the bastard, a 
pawn of an unholy alliance between British greed and British 
fraud. 



DUNNE JUDGE, MAYOR, GOVERNOR 125 



HAS DEMOCRACY DEPARTED FROM 
FIRST PRINCIPLES? 

Address at Jackson Day Banquet, January 9, 1901. 

Mr. Chairman and Gentlemen: 

On the anniversary dedicated to the memory of Andrew Jack- 
sou, sternest and truest friend of the common poeple, we meet 
to revere his heroic character, to attest our devotion to the princi- 
ples he advocated and typified, and to take counsel for the re- 
habilitation and perpetuation of those principles. 

Andrew Jackson was a man of the people by birth, by instinct, 
and by choice. An ardent disciple of Jefferson, he equaled his 
great master in his passionate love of Democracy, excelled him in 
swiftness of execution, and was his inferior only in intellectual 
strength and polish. He was the first man in the United States 
to open war upon monopoly. 

With both houses of Congress, the influential press, and all 
the far-reaching influence of the combined w^ealth of the Nation in 
opposition, he succeeded in breaking up the first great trust in this 
country, the United States Bank. 

We do well in these days, when trusts are as thick as mush- 
rooms and as destructive of individual effort as the plague, to 
keep alive the memory of one whose iron will and indomitable 
energies accomplished what millions of men are battling for today, 
seemingly without avail. 

We would do well also to ascertain, if we can, why millions 
of honest, earnest men who believe that private monopoly is dan- 
gerous to the public w^eal cannot accomplish as much as one strong 
man effected three-quarters of a century ago. 

Two months ago two great issues were presented by the party 
of Jackson to the people of this country for determination. The 
preservation of republican government as outlined in tlie Declara- 
tion of Independence, and the extirpation of private monopoly, 

A majority of 800,000 votes seem to have declared against 
these principles. I say seem, for I cannot believe that the American 
people have voted, or ever will deliberately and with a full knowl- 
edge of the issues involved, vote against the principles of the Dec- 
laration of Independence or for the perpetuation of private 
monopoly. 



126 DUNNE — JUDGE, MAYOR, GOVERNOR 

There can be but one possible explanation of the result of the 
recent election. The American electorate were influenced by the 
lust of money and the lust of blood. Having engaged in a disgrace- 
ful war for the extinction of liberty in the islands of the Pacific 
and meeting opposition, the American voter lacked the moral 
courage to admit the mistake until his country had succeeded in 
bludgeoning resistance into insensibility, and the American manu- 
facturer and his mechanics and laborers, finding themselves busy 
as the result of this war, "hadn't any time for politics" and voted 
for the party in power. 

A wily and well-informed officeholder said to me early last 
year, "No administration was ever beaten in the midst of a war, 
or after the end of a successful one. ' ' He was right. In the heat 
of conflict with nations as well as men, passion prevails and reason 
retires. 

The campaign just closed was carried on by the Democratic 
party on high ground and upon principles of imperishable justice 
and truth. We were led by a man who excelled in purity of 
private life, in honesty and earnestness of purpose, in forensic 
strength and in intellectual greatness, any candidate that the Dem- 
ocratic party has nominated since the days of Andrew Jackson. 
He conducted a campaign which is without parallel in history 
and yet an electorate, suffering from a combined attack of war- 
begotten hysteria and an injection of gold in chlorides or some 
other form, repudiated him and our doctrines at the polls. In a 
word, we were beaten because we were waging war abroad and 
waging men at home. 

And now after the battle, let us sound the reveille and take 
counsel for the future. Truth loses some battles but wins her wars. 
I remember in my boyhood days to have heard Democracy called 
"unterrified. " Having voted for defeated Democratic candidates 
with great regularity for some years past, I appreciate the signifi- 
cance of this adjective. 

But, gentlemen, we are more — we are undismayed and con- 
fident of ultimate success. We are advised by our friends, the 
Republican press, and certain pseudo Democratic papers to "re- 
organize." They exhibit a most magnanimous disposition toward 
a fallen foe. They want us to get upon our legs again and quickly 
and their advice is to repudiate the men who, when the cause of 
the common people was deserted by those whom they had exalted 
to office, stepped into the breach and proved their devotion in the 
hour of peril. Nay, more, they would have us turn to the men 
who went over to the enemy or sulked in their tents during the 
battle, for advice and leadership. When the Democratic party 
wants counsel and advice it will hardly turn to such a source. No 
sane man or party will follow the advice of its enemies. 



DUNNE — JUDGE, MAYOR, GOVERNOR ' 127 

A distinguished ex-President, who was elected to that high 
office as a Democrat, has also recently, through the public press, 
expressed his views on the future of Democracy. Words from 
such a source should and will be received with attention and 
respect. When he says that this is the time for "moderation of 
speech and mutual toleration," he speaks words of wisdom; and 
when he says that the Democratic party "should give the rank 
and file a chance to be heard, ' ' I heartily agree with him, but assure 
him that the Democratic masses now, as they have always in the 
past and particularly during the last eight years, have insisted 
that the rank and file should be heard both in the selection of 
its candidates and the building of its platform. It was the "rank 
and file" surging forward from the mines, the factories and the 
corn fields, that built the Chicago platform and nominated a poor 
man for the Presidency in 1896 and renominated him at Kansas 
City in 1900, and it is the rank and file which will in 1904 name 
the platform and the candidate. 

But when the distinguished gentleman, for whom I have the 
profoundest respect, talks about a "return to first principles" he 
becomes somewhat misty and indefinite. What are the first prin- 
ciples which the Democratic party of 1900 have abandoned? I 
know of none. 

The founder of Democracy wrote the Declaration of Inde- 
pendence, and assisted in framing the Constitution of the United 
States. The Democracy of 1900 declared at Kansas City: "We 
hold with the United States Supreme Court that the Declaration 
of Independence is the spirit of our Government of which the 
Constitution is the form and letter. We declare again that all 
governments instituted among men derive their just powers from 
the consent of the governed, that any government not based upon 
the consent of the governed is tyranny; and to impose upon any 
people a government of force is to substitute the methods of im- 
perialism for those of a republic." 

"We hold that the Constitution follows the flag * * * and 
we assert that no nation can long endure half republic and half 
empire, and we warn the American people that imperialism abroad 
will lead quickly and inevitably to despotism at home." Is this a 
departure from "first principles?" 

The Democracy of 1900 declared at Kansas City: "We insist 
on the strict maintenance of the Monroe doctrine in all its integrity 
both in letter and spirit. ' ' Is this a departure from first principles ? 
It declared at Kansas City, "We oppose militarism. It means 
conquest abroad and intimidation and oppression at home. A small 
standing army and a well disciplined state militia are amply suffi- 
cient in time of peace." Is this a departure from "first prin- 
ciples ? ' ' 



128 • DUNNE JUDGE, MAYOR, GOVERNOR 

It declared in favor of the preservation of the national good 
faith with the Cubans and Porto Ricans. Is that a departure from 
"first principles?" 

It condemned and denounced the new American policy of 
forcing our government upon an unwilling people in the Philip- 
pines. Is that a departure from "first principles?" 

It declared in favor of "territorial expansion" over a willing 
people who would eventually be fitted for citizenship. Is that a 
departui'e from "first principles?" 

It declared that "private monopolies are indefensible and 
intolerable." Is that a departure from "first principles?" 

It declared against a protective tariff and government by in- 
junction and in favor of pensions for soldiers and reduction of 
taxes. Was this a departure from "first principles?" 

It expressed sympathy with the two gallant South African 
republics in their heroic, superhuman struggle for the preservation 
of their independence. Oh, shades of Washington and Franklin, 
of Jefferson and Monroe, of Lafayette and Pulaski, of Sullivan 
and Barry, was this a departure from "first principles?" 

But it may be that the distinguished ex-President, when he 
spoke of "first principles" referred to that declaration of the 
Kansas City platform which speaks of bimetallism and contains 
the nightmare figures "16 to 1." 

Is a declaration in favor of bimetallism a departure from ' ' first 
principles ? ' ' 

Show me when and where Jeifersonian Democracy ever de- 
clared for gold monometallism. It never did. I am not a stickler 
for the ratio ; I am not a numismatist, a financier, a banker, or a 
political economist. The ratio of coinage adopted and utilized 
by the world for centuries may be right or wrong, wise or unwise. 
The human race staggered along under it for centuries and did 
fairly well until the bankers and money loaners became dissatisfied. 
But assuming that for several centuries the civilized peoples of 
the world Avere wrong and tliat the ratio between metals as de- 
manded by tlie Democratic party was unfair and unreasonable, the 
issues in 1900 between the Democratic and Republican parties, as 
presented by their policies and platforms, were as follows: 

Democratic. 

1. Reaffirmation of the principles of the Declaration of 
Independence. 

2. Denunciation of the infamous Porto Rico tariff. 

3. Prompt and honest fulfillment of our pledges of independ- 
ence to the Cubans. 

4. Denunciation of an unjust and disgraceful war of conquest. 



DUNNE — JUDGE, MAYOK, GOVERNOR 129 

5. Territorial expansion with consent of inhabitants fitted 
for citizenship. 

6. Maintenance of Monroe doctrine. 

7. Opposition to higli protective tariff. 

8. A declaration in favor of a small standing army and a 
well disciplined militia. 

9. An honest denunciation of trusts and private monopolies 
and a solemn pledge to control or abolish same. 

10. Bimetallism at a ratio unsatisfactory to many Democrats. 

Republican. 

1. Repudiation of the principles of the Declaration of Inde- 
pendence as shown by our conduct in the Philippines. 

2. Justification of Porto Rican tariff. 

3. Evasion, equivocation and delay in evacuating Cuba after 
peace had been restored. 

4. Justification of the unjust and disgraceful war of conquest 
in the Philippines. 

5. Territorial expansion with fire and sword in spite of and 
against protest of the inhabitants. 

6. Practical repudiation of the Monroe doctrine. 

7. Reaffirmation of the policy of a high protective tariff. 

8. A course of conduct favoring a large standing army and the 
mobilization of state militia. 

9. A hypocritical and dishonest denunciation of trusts by 
men who owned and controlled most of them. 

10. Gold monometallism. 

Seven of these issues, presented by the Democratic platform 
of 1900, are among the "first principles" of Democracy. They 
concern the rights of men and the preservation of human liberty. 
Of the remainder, two arose out of the Spanish War and concern 
the preservation of the national faith toward the Cubans and the 
national honor in dealing with the Philippines. 

The only remaining issue is that which concerns not the rights 
of men but the interests of mammon, not human liberty, but the 
almighty dollar. 

Nevertheless, a number of voters calling themselves gold 
Democrats placed that one issue which they believed affected their 
pockets, above the nine issues which affected their country's honor 
and the liberties of ten million of their fellow men. 

Well and truly does the Chicago poet, Ernest McGaffey. 
exclaim: 

The greed of gain has gone abroad 

And truth and manhood rust, 
The world but one mad impulse feels 

And all for riches lust, 
While Riches at her chariot's wheels 
Drags Honor in the dust. 
—5 



130 DUNNE — JUDGE, MAYOR, GOVERNOR 

Now, gentlemen, I have no reproaches for these men. Many 
of them are warm personal friends, and they declare to me frankly 
that in politics, as in business, a man should look to his own per- 
sonal interests, and there is no place for sentiment in either politics 
or business, if sentiment conflicts with pecuniary interests. They 
may be right, but I doubt it. All men are not so constituted and 
all honor to the high-souled, public-spirited men who, believing 
that the Democratic party was wrong upon the financial question, 
disregarded their personal interests and cast their votes on the 
side of the Republic as against the threatened empire. There were 
thousands of them in this city, Republicans and gold Democrats. 
Such men as these should sit high in the council chambers of the 
party in the future, not men who fled from the old colors of De- 
mocracy, and went over to the enemy, or who sulked in their tents 
while the battle was raging afar. 

No, gentlemen. Democracy has no need to return to "first 
principles. ' ' It has never left them. It was true to them in 1900. 
It will hi true to them in 1904. The "rank and file" will select 
the candidates and frame the jDlatform in 1904 as it did in 1900. 
Who that candidate will be need not concern us now. Whether our 
admired and honored guest will have the unique and well deserved 
honor of being thrice nominated and finally elected President of 
the United States, or is to encounter the political experiences of 
Clay, Calhoun and Blaine, lies within the womb of the future. 
Whatever the future has in store for him, and I hope it is the 
Presidency, the name of "Bryan' ' will go down in history wdth the 
names of Jeff^erson, Monroe and Jackson, as one of the bravest, 
truest and most honest friends of the common people. He has 
found a place deep down in the heart of Democracy from which 
all the power of plutocracy cannot dislodge him. As to the future 
policy of the party, in my judgment, there cannot be much doubt. 
It must adhere to the Democracy of its founder, Thomas Jefferson, 
as it has done in the past. The Democracy of Jefferson is crystal- 
lized in and concentrated to the principles announced in the Dec- 
laration of Independence. As Christ concentrated all His doctrines 
and teachings into these few words, "Love God above all things, 
love thy neighbor as thyself," so did Jefferson crystallize all his 
political economy into these few words: "All men are equal 
* * * with inalienable rights, among which are life, liberty and 
the pursuit of happiness. All governments derive their just powers 
from the consent of the governed." 

The only partj^ that can accomplish this great end is the Demo- 
cratic party. Plutocratic greed has the Republican party by the 
throat. The only way in which the Democratic party can achieve 
this result is by concentration of effort upon two paramount vital, 
all-dominating issues, the overturning of the imperialistic tenden- 



DUNNE — JUDGE, MAYOR, GOVERNOR 131 

cies of the day and the suppression of private monopoly. The 
Democratic party is right upon these issues. Let us confine our- 
selves to them and to them alone. Too many issues in the last cam- 
paign contributed to our defeat. Let us concentrate and not scatter. 
All Democrats can unite on these issues. Hundreds of thousands 
of Republicans and Populists will join our ranks. 

Let us then unite upon these two great issues and keep them 
steadily before the people until the next Presidential election. 
Truth is mighty and must prevail. This Republic was not born to 
meet the fate of the Roman republic. The love of liberty and 
equal rights to all still permeates the masses, and just as sure as 
fate the Democracy and the Republic will triumphantly prevail 
in 1904. 



132 



DUNNE — JUDGE, MAYOR, GOVERNOR 



TO PROVIDE LOCAL SELF- 
GOVERNMENT. 

Editorial in The Public, February 23, 1901. 

Judge Dunne, of Chicago, has made a suggestion regarding 
the constitutional obstacles to local self-government in this wes- 
tern metropolis, which would, if adopted, settle all the difficulties! 
with which the city contends, and without involving the ex- 
pense and uncertainties of a constitutional convention. He pro- 
poses a constitutional amendment to which no fair objection can 
be interposed. It consists merely in supplementing the clause in 
the present Constitution which forbids special legislation, with 
these words : 

"Save and except that in all cases where any common coun- 
cil of any city or any board of county commissioners of any 
county or twenty-five per cent of the voters of any city or 
such city or municipality shall request the enactment of 
any law, the Legislature shall have the power to en- 
act the law so requested, said law not to take effect, how- 
ever, until submitted to popular vote in said city or municipality 
and a majority of voters thereof shall approve the passage of the 
same," 



DUNNE — JUDGE, MAYOR, GOVERNOR 133 



MONOPOLY GRIPS THE NATION. 

Speech at the Iroquois Club, April 13, 1901. 

Mr. Chairman and Gentlemen: 

Monopoly has the Nation by the throat. One large corpora- 
tion practically controls all the steel manufacturing industries 
of the country ; another all the illuminating oil ; another all the 
anthracite coal ; two control our sugar ; two our matches, and 
four kill and sell to the people of the United States all the meat 
they eat, and embalm and can all the scraps that are left over 
and find ready sale for the same to the Government of the 
United States for consumption by soldiers in the regular Army. 
Nearly every article of merchandise in common use, from the 
cradles in which the babies are rocked to the coffins in which we 
lay our dead to rest, are controlled by the trusts, and Mr. 
McKinley's late Attorney General declared that the imperial 
power of the Republic was powerless to manage, regulate or con- 
trol them. The power which can be and is so energetically used 
to force a government upon 10,000,000 protesting and unwilling 
people 10,000 miles away becomes palsied and paralyzed when 
it comes in contact with a man, or an aggregation of men, whicli 
controls ten millions of dollars. 

The cabinet is composed of plutocrats, or the tools of pluto- 
crats ; the Senate chamber is filled with them ; the choice appoint- 
ments in the Army and Navy are given to their relations or satel- 
lites, and through such men and their influence, the spirit of 
imperialism is rapidly impregnating the official: departments of 
the country. 

Republican simplicity and virtue are disappearing. The 
principles of the Declaration of Independence have been repu- 
diated and trampled under foot. The Monroe doctrine which 
has been asserted with unanimity and courage by Democratic 
and Republican administrations for seventy-five years has been 
cast to the winds. 



134 DUNNE — JUDGE, MAYOR, GOVERNOR 



CHICAGO'S MUNICIPAL POVERTY 
AND CAUSE THEREOF. 

Statement to the Public, February 9, 1902, 

A subject on which I have delivered an address, and a subject 
which is well worth the gravest consideration of the citizens of 
Chicago is ' ' Municipal Destitution in the Midst of General National 
Prosperity. ' ' 

I call attention to the fact that the wheels are revolving all 
through the United States, and the smokestacks are emitting smoke, 
which is an indication of general prosperity. Is the workingman 
getting his share of the profits that are being made? I very much 
doubt this, because the cost of the necessaries of life has advanced 
quite materially, probably ten per cent, within the last three or 
four years, and from all the information that reaches me, I doubt 
very much whether wages are ten per cent higher than they were 
a few years ago. 

But in view of the fact that the wheels are revolving and busi- 
ness seems to be active throughout the country, in view of the fact 
that the mellifluous voice of the "promoter" is heard in all direc- 
tions, I conclude there is prosperity in the country, and from all I 
can see of the smokestacks of Chicago I am satisfied that Chicago is 
not an exception to the general rule in mercantile and manufactur- 
ing business. 

But in the midst of this general prosperity our bridges are 
closed, our viaducts are rotting to decay, our streets are wretchedly 
paved and no finances are in the city treasury for the purposes of 
enlarging or developing the schools ; judgments against the city of 
Cliicago are being hawked upon the streets at from seventy-five to 
ninety-five cents on the dollar, our night schools are closed and the 
hard working teachers of this community, who have done more than 
any other class in the community to bring about a situation in which 
the city ought to be able to recover revenue, have had their wages 
cut nine per cent ; so that I have to conclude that the municipality 
is in a dire condition of financial distress : Is this or is it not the 
result of mismanagement ? 

I find, iipon consulting statistics published by the United States 
labor statistical bureau, that of the twenty largest cities in the 
United States only two are as economically administered as the city 



DUNNE — JUDGE, MAYOR, GOVERNOR 135 

of Chicago, and only three of them collect as little revenue from 
taxation as Chicago. 

From this I conclude that, in comparison with nineteen other 
great cities in the United States, and comparing the management 
of the affairs of the city of Chicago with that of those other cities, 
it is not wasteful, improvident or reckless. 

Compare it with the administration of the country, which is 
being administered by Eepublicans, and I find the same situation 
exactly in the county affairs run by politicians belonging to a 
differ(int political party. The wages of all the county employes last 
year were cut eight and two-thirds per cent — that is, they were 
deprived of one month's wages last year over their violent protest 
and compelled to work for eleven-twelfths of what they had been 
paid the year before and for several years prior. 

While there has been no substantial increase in the number 
of county emploj^es within the last five years, I find that the 
finances of the county are in such desperate condition that during 
the month of December there was a shortage of ink, pens and sta- 
tionery in the Criminal Court where I am sitting ! 

It has been also stated by Mr. Hanberg, president of the County 
Board, that the finances available for county purposes will only 
enable them to pay for the care and management of the poor, the 
insane and the sick in this county, and the wages of its employes, 
and that it has no monej-^ on hand for the purpose of making needed 
repairs to the county buildings, and that such repairs and additions 
cannot be made this year. 

From all this I conclude that it is not mismanagement on the 
part of either Democratic or Kepublican politicians that is the cause 
of the trouble. 

As has been well pointed out by the teachers, twenty-three 
corporations of this community have been for years evading the 
payment of taxes upon two liundred and fifty millions of dollars' 
worth per annum of property. The Teachers' Federation has the 
list of corporations. They are public utility companies. 

Among these twenty-three corporations was not included any 
steam railway company entering into the city of Chicago. 

On further inquiry I have ascertained that the total real estate 
valuation placed upon the real estate in the first ward of the 
city of Chicago, being only one ward out of, the thirty-four, 
was $268,000,000 for the year 1900, while the Swift commission 
which had appraised the same property in 1896, a year which was 
at the very climax of the dull times in this community, closely fol- 
lowing the panic of 1893 and which was therefore a time of con- 
servative estimates, placed it at $422,000,000 approximately. 

Which valuation is correct is shown by the fact that last week 
Montgomery Ward & Co. bought the corner of Michigan Avenue 



136 DUNNE — JUDGE, MAYOR, GOVERNOR 

and Washington Street for $600,000 and the same piece of prop- 
erty was valued by the Swift commission at $368,000. 

I have discovered further that all the personal property of the 
first ward of the city of Chicago is assessed by the Board of Assess- 
ors at $38,000,000, while the published reports issued by one of the 
banks indicate that there is $440,000,000 in cash in thirty buildings 
— thirty banks — in this city. 

All of the real estate in the first ward, money in bank, Marshall 
Field 's dry goods building, wholesale and retail ; Siegel & Cooper, 
Rothschild & Co., — all of these tremendously wealthy warehouses 
and big institutions in the heart of the city, all that property, all 
the personal property in these buildings, was valued at $38,000,000. 

From which I conclude that the tax dodger has gotten in his 
work to such an extent that at least in the first ward he is not as- 
sessed on one-tenth of his property; in consequence of which our 
bridges are closed, our viaducts are rotting to decay, our night 
schools abandoned and our teachers compelled in order to keep the 
schools open to contribute out of their miserable pittance ten per 
cent of their salaries ! 



DUNNE — JUDGE, MAYOR, GOVERNOR 137 



ADVANTAGES OF PUBLIC OWNERSHIP 
AND OPERATION OF UTILITIES. 

Statement to the Public, Maech 29, 1902. 

I have no hesitation in declaring that I am iii favor of munici- 
pal ownership and operation of Chicago 's street railways, telephone 
system, gas and electric lighting plants, providing always that they 
be managed under an honest and rigid civil service. The public 
demands and will be content only with two essentials in the opera- 
tion of these public utilities : 

First — Efficiency and comfort in service. 

Second — Operation at the lowest cost commensurate with effi- 
ciency and comfort. 

Filthy cars, defective telephone service, weak and irregular 
light and excessive charges would not be tolerated for an instant if 
our public utilities were under city ownership. The administra- 
tion that would dare offend in any of these particulars would be 
speedily turned out of office. 

The desideratum in the way of good and efficient service, 
coupled with rates in accord with the cost of rendering such service, 
can be attained under municipal ownership and management. 

The municipality would insist, in the interest of all its citizens, 
that no more should be charged for service than would be necessary 
to provide that service. Such is the history of our waterworks 
and our post office. 

Municipal ownership would bring the best results in service, 
economy and rates. The municipality would not be in the business 
of amassing great fortunes to be left to the heirs of its stockholders. 
It would not be in the business of floating great issues of stocks 
and bonds for the enrichment of its promoters. It would be in the 
business of giving good service to its citizens at the lowest possible 
cost. 

The objection that municipal ownership would open the doors 
to official fraud and the padding of pay rolls is untenable. There 
has been more fraud, bribery and corruption in the Legislature of 
this State and the City Council by the agents and tools of the 
private corporations operating Chicago's public vitilities in the last 
twenty years than could be perpetrated under municipal manage- 
ment of the same utilities in the next two centuries. 



138 DUNNE — JUDGE, MAYOR, GOVERNOR 

Point out to me any fraud which might occur under municipal 
ownership which could compare with the wholesale corruption by 
which the charters and franchises of the existing corporations have 
been obtained during the last forty years. 

Municipal ownership and management of Chicago street rail- 
ways, lighting plants and telephones, under an honest and effective 
administration of the civil service law, would give Chicago better 
service at lower rates than can ever be attained under private owner- 
ship of the public utilities. 

And it would give the harassed street railway employes and the 
employes of the other corporations better wages, shorter hours and 
the certain tenure of place, which is the best incentive to cheerful 
and efficient effort. 



DUNNE — JUDGE, MAYOR, GOVERNOR 139 



THE ANTHRACITE COAL STRIKE. 

Letter op Judge Dunne to the Tribune, September 11, 1902. 

I have seen an editorial in your influential paper of the ninth 
inst. in which you quote me as saying ''President Roosevelt could 
convene Congress and legislation would be enacted which would 
make the end of the strike easy," and then ask me, "What is the 
legislation which, if enacted, will put an end to it?" In answer 
let me state in the first place that you have misquoted me. I never 
declared that Congress could pass laws that would end the strike. 
If your reporter was present at the meeting he heard me advise as 
follows : First, that Governor Stone of Pennsylvania send word to 
the operators that unless they consented to mediation within forty- 
eight hours he would call a special session of the legislature to take 
action upon the crisis presented ; that the legislature should ap- 
point a commission or committee of inquiry into the grievances of 
the strikers, the cause of the strike, and fix the blame upon the 
parties responsible for its origin and continuance, and make recom- 
mendations for the passage of such laws as would prevent its repeti- 
tion, such as compulsory arbitration of all labor disputes or a law 
giving the State the right to condemn for public use all railroads 
and coal mines. I argued and still maintain that, if the governor 
issued such a call, the strike would be settled before the legislature 
would meet. 

I further advised and recommended that, if the governor 
of Pennsylvania refused to issue such a call, it was the duty of the 
President to call Congress together for the purpose of appointing 
a congressional committee of inquiry into a state of facts where 
150,000 American citizens were idle and on the verge of starvation, 
and 15,000,000 were being denied their usual winter fuel. 

I further stated explicitly that I had serious doubt as to 
whether Congress could pass any law that would be effective, but 
maintained, as I still maintain, that, if a congressional committee 
were appointed at the request of the President, with power to com- 
pel the production of witnesses and documents and to report to the 
President and the Nation the real cause of the strike and the names 
of the parties responsible, the strike would be ended before the 
committee examined a witness. As the President himself declares 
when he is talking, not to Congress but to his fellow citizens in his 



140 DUNNE JUDGE, MAYOR, GOVERNOR 

travels, publicity will put a stop to greed and extortion. Rather 
than face a congressional investigation and report, the coal operators 
would discover that there was something to arbitrate. 

The power of the President to act is given by section three, 
article two, of the Federal Constitution, which provides: "He 
(the President) shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall deem necessary and expedient. 
He may on extraordinary occasions convene both Houses or either 
of them." 

This provision gives the President the right to convene Con- 
gress, to acquaint them officially with the condition of affairs in 
Pennsylvania, and to request the appointment of a congressional 
committee of inquiry. I maintained, and still maintain, that an 
"extraordinary occasion," in the language of the Constitution, 
exists when 150,000 citizens of the Republic are idle, destitute, and 
on the verge of starvation, and 15,000,000 of citizens are being 
deprived of or mulcted outrageously for one of the greatest neces- 
saries of life — their winter fuel — and that it is the bounden duty 
of the President when the governor of a monopoly-ridden state 
is supine and indifferent to the welfare of his fellow citizens, to 
call Congress together for the purposes suggested. In 1891, or 
thereabout, under similar circumstances, the young emperor of Ger- 
many put an end to a big coal strike in Wallachia. The miners 
refused to work for certain wages. They were locked out. Thou- 
sands of his subjects were reduced to want, and coal was scarce 
and dear. The Kaiser sent word to the operators that unless the 
difficulty was settled promptly he would go down to Wallachia in 
person and investigate. His trip was never made. The strike was 
settled next day. The German mine owners did not court publicity. 



DUNNE JUDGE, MAYOR, GOVERNOR 141 



FAVORS INITIATIVE AND 
REFERENDUM. 

Address to Chicago's New Charter Convention, December 

16, 1902. 

Mr. Chairman and Gentlemen: 

I do not think the committee has gone far enough. In the 
first place, it has confined itself solely to amendments that relate 
to the revenue law, to the consolidation of the different taxing 
bodies in this county, and to the amelioration of the justice shop 
evil, all of which have my assent and will have my earnest sup- 
port. 

But the committee seems to have shut its eyes to the fact 
that within the last year in this community a large popular vote 
was cast on a question that is more important to the citizens than 
the alleged evils that this amendment purposes to cure. Because 
of the fact that it has not gone far enough, I feel it my duty, as 
a citizen and a member of this convention, to offer a short sub- 
stitute in place of the amendment proposed by the executive 
committee. I will read it : 

"Section 34. The General Assembly shall have power, any- 
thing in the Constitution of this State to the contrary notwith- 
standing, to pass any and all laws which may be requested by 
the city council of the city of Chicago and the city council of all 
cities in the State whose populations exceed 10,000 or which may 
be requested by ten per cent of the legal voters of said city. 
Said law or laws to be applicable only to said city or cities and 
to take effect only when approved by a majority of all the legal 
voters of said city or cities voting thereon at the next municipal 
election held not less than thirty days after the enactment of 
such law or laws. ' ' 

The advantages of this substitute are two: First, it is con- 
cise, it is clear, succinct, and can be understood by the common 
people of this community. It embraces in about twelve lines 
what the committee has taken two or three pages of its report 
to say. 

In the second place, it is more elastic. It vnW enable the city 
council of Chicago at times when emergencies arise, such as arose 
at the time of the world's fair, to pass an ordinance requesting 



142 DUNNE — JUDGE, MAYOR, GOVERNOR 

the Legislature to pass a law which meets the approval of the 
citizens of the community. 

In this city emergencies are always arising, as they did 
at the time of the world's fair. In the course of a few years 
we may want, for instance, a Chancery or City Court such as does 
not prevail throughout the State. 



DUNNE — JUDGE, MAYOR, GOVERNOR 143 



ON THE RACE PROBLEM. 

Statement of Judge Dunne, February 15, 1903. 

The alarmist — the "practical" politician who is using the 
negro to further his own ends — is deferring a settlement of the 
color problem, according to Judge E. F. Dunne, who said : 

I believe in the negro. I do not believe that he has pro- 
gressed backward, as the paradox has been put. He has been 
held back by race prejudice, which has placed every possible 
obstacle in his way. That he has survived these hindrances and 
advanced as far as he has is proof that his case is far from hope- 
less, as some affect to see it. 

You can not argue the colored question on reason. It is 
bound about by too much prejudice. But, give the colored man 
the encouragement and assistance to advance, and I believe he is 
certain to command that respect Avhich must be the aggressive 
factor in allaying the race prejudice that grips the South. 

That same aversion is with us here in the North. The colored 
man is by no means given the opportunities which he merits. Is 
there any demand for the young colored w^oman of education 
who seeks even the position of typewriter? Is there any ten- 
dency to give employment to young colored men of ability as 
bookkeepers or in responsible posts which might pave the way to 
future advancement? No, we are beset by that same prejudice. 

If our children come home from school and say that a 
colored pupil has been given the adjoining desk there is usually 
a request to the teacher to effect a change. It is the same story 
here as in the South, except that the great population of blacks 
there emphasizes conditions. 

The negro will solve his own salvation as we aid him. We 
should spend of our prosperity and plenty to give him every pos- 
sible facility for education and mental and moral advancement. 
He needs moral support to devolop his moral character — a devel- 
opment which is as essential, even more so, as that he should 
learn to read and write and cipher. 

We need to extend a plenty of charity to the black man. If 
this is done he will work out his own problem. When he has 
advanced until he claims our support and assistance through 
sheer ability and energy, then we will no longer have a race 
problem here so far as the black man is concerned. 



144 DUNNE — JUDGE, MAYOR, GOVERNOR 

Statements of public men who affect to see bloodshed and 
race wars in the future are, to my mind, absurd. Such talk does 
not aid to solve this pressing question. It retards and hinders 
and is stirring up further obstacles in the South. Passion, force, 
and haste will never make for a settlement of this question. 
Above everything, keep politics out of it. 

Granted that President Roosevelt is sincere in his efforts 
to bring about an advanced order of things, it cannot be denied 
that there are those in Washington who are dangerous because 
they are trying to use the colored race as political pawns. 



DUNNE — JUDGE, MAYOR, GOVERNOR 145 



IRELAND'S POLITICAL FUTURE. 

Address Before the Irish Fellowship Club, March 17, 1903. 

Mr. Ch\airman and Gentlemen: 

We meet on the eve of great events. Last year a political 
earthquake shook the British empire. The traditional policy of 
plundering weaker races and despoiling them of their liberty 
and independence received a rude shock when 50,000 Boer 
burghers, armed with modern weapons, set at defiance for two 
long years the concentrated power of the mightiest empire on 
earth. It received a humiliating shock when Great Britain was 
forced to conclude a peace which compelled the conqueror to pay 
a large monetary indemnity to the overwhelmed and gloriously 
beaten foe. The struggle between the Boer and Briton wrenched 
the British ship of state so badly that the whole world could see 
it leak. But it brought English statesmen to their senses. 

They have wisely made up their minds to stop the leaks and 
keep the ship afloat. The worst of these leaks at present is the 
Irish leak. Seven centuries of British ship-carpentering have 
been of no avail to stop that leak. Why? Because British states- 
men have always been blindly of the opinion that they could im- 
press an Irishman, a Boer, an East Indian, a Jamaican, a Zulu, 
or a Sepoy at any time, place him in the hold against his will, 
call him an able British seaman and expect loyalty and obedi- 
ence. When the ship leaked English statesmen caulked it from 
without while they treated the impressed seamen like dogs 
within. 

They have just begun to discover that the leaks came from 
within the hold. This belated discovery, however, seems about 
to open a new era in British statesmanship. Instead of the 
blundering, floundering policy of centuries which made rack 
renting and eviction a duty for the landlord, transportation and 
hanging the duty of the judge, suspension of the habeas corpus 
act, abolition of trial by jury, and coercion acts the duty of the 
legislator, with famine, desolation, and depopulation as the inevit- 
able result, English statemen seem now about ready to adopt a 
more just, a more humane, and more promising system of gov- 
ernment. 



146 DUNNE — JUDGE, MAYOR, GOVERNOR 

Far-seeing British statesmen have at last reached the con- 
clusion that the soil of Ireland must belong to the people who 
till it and are now working out a plan under which this result 
may be achieved without injustice to either landlord or tenant. 



DUNNE — JUDGE, MAYOR, GOVERNOR 14'i 



ROOSEVELT ^'DE-LIGHTED"-THIRTEEN 

CHILDREN. 

President Koosevelt to Judge Dunne, January 12, 1904. 

' ' De-lighted ! So tliivS is Judge Dunne ? You deserve well of 
your people. Thirteen children ? My, my ! You beat nie by seven, 
although I have quite a family myself." 

President Roosevelt, as he spoke his admiration of Judge 
Edward F. Dunne today in the White House, pumped the right 
arm of the Chicago jurist up and down in warm enthusiasm. Behind 
the two was massed the delegation from the Iroquois Club of 
Chicago, headed by Congressman Martin Emerich, who introduced 
the members. He had just finished introducing Judge Dunne as the 
"Roosevelt Democrat of Chicago — the father of thirteen children." 

Outside delegations from New York, under the chaperonage 
of Congressmen Sulzer, Sullivan and "Little Tim" Sullivan, cooled 
their heels in company with a party of Georgia Democrats in care 
of Senator Bacon. 

For fifteen minutes the President devoted his admiring atten- 
tion to Judge Dunne, while the jurist blushed and bowed. Then 
he shook hands with the thirty other members of the committee, 
told each at least three times that he came from a great city, said 
he knew Ernest McGaffey, the Secretary to Mayor Harrison, and 
was glad to hear that he was a happy father, and bowed the dele- 
gation out with a farewell compliment to Judge Dunne. The party 
was received in the Cabinet room at 10 o 'clock, and there were no 
set speeches. 



148 DUNNE — JUDGE, MAYOR, GOVERNOR 



BOYS. 

Statement by Judge Dunne, January 31, 1904. 

Judge Edward F. Dunne, the man who made Roosevelt famous, 
and incidentally jealous, by comparing tallies in Washington the 
other day, has very decided and very interesting ideas on the sub- 
ject. When I asked him to answer the question, "What is the boy's 
place in the home?" he sent along the following. One might write 
on the subject a whole day and not compass so much of intelligent 
comment : 

"To me the answer seems simple. Any place at home is the 
boy's place, so long as he is at home. Give him any place in the 
establishment congenial to his tastes, but see that he remains at 
home as much as possible. If he studies, give him the softest seat 
in the house. If he is athletic, give him bats and balls, the punch- 
ing bag and boxing gloves, but encourage his athletic exercises in the 
house, the barn or the adjoining lots. If he discloses a leaning 
toward any special science, art or craft, encourage it, and, so far 
as you can afford it, give him the appliances, books or mechanism 
necessary for its development. 

"But install them in your home and keep him home as much 
as possible. Has he a penchant for billiards? Get him a table, even 
if it be a miniature one. The more hours each day your son spends 
at home the more and the sooner he develops a clean, healthy, social 
temperament. 

"Encourage him to invite clean, manly boys of about his own 
age to his home, and let him return such calls. Spend as much time 
with your sons at home as business will permit; enter into their 
studies, their play, their thoughts, interests and ambitions. Take 
them out with you as often as possible. Encourage an intimacy 
with them. Make them your companions as well as your sons, as 
far as practicable. 

"From one to five years old, the boy differs little in domestic 
economy from the girl. He is a cherub to be fondled and trundled 
and kissed. From five to ten he becomes noisy, turbulent and 
destructive, with splendid appetite and vigorous digestion. The 
best treatment during this period is plain corduroy or never-rip 
clothes, heavy shoes, spring-lock doors, easily opened from the in- 
side, and ever-ready sandwiches and doughnuts. Never bar his 
egress from the house; it's a waste of time. He won't go far — 



DUNNE JUDGE, MAYOR, GOVERNOR 149 

his appetite won't let liim. The spring lock, however, gives you a 
chance to look over his muddy boots before they strike the rugs or 
carpets. 

"Between ten and fifteen years your son needs special care 
and attention. During this period he begins to show his natural 
bent or inclination toward industry or idleness, manliness or effem- 
inacy, integrity or moral weakness. If he is strong and healthy, 
keep him steadily at school. Give him plenty of time for physical 
exercise in the daylight, but see that he is at home after dinner. 
Between dinner and bedtime the boy of his age, if he is a healthy- 
minded lad, can employ himself at home most profitably and enj oy" 
ably. His mental labor at school has been relieved by the physical 
labor of after-school sports and games. He has digested his dinner, 
and physical relaxation is both healthful and pleasing. An hour 
over his lessons for the succeeding day leaves him another hour 
before he need go to bed. 

"This hour should be regarded by both parents and children 
as sacred and devoted to the family altar. Mother, father, daugh- 
ter and son should for that hour become comrades. A boy of 
fifteen who spends from dinner to the hour for sleep among his 
own people in this way will never go wrong. 

"From fifteen to twenty comes the first breaking of the family 
ties, when the answer to this question, 'Where is the boy's place 
at home?' is most frequently answered by the boy. If his parents 
are of poor or moderate means he goes to work. If they have ample 
means he goes to college or the university — and sometimes to the 
devil. If, however, he be a boy of manly instinct and honest heart, 
wherever his province may be, his 'place in the home' is alw^ays, 
in spirit at least, at the side of his mother and sisters. 

"Be he in the workshop, the factory, the mill, the college, or 
the university, his place is in his mother's heart and at the family 
fireside. If in the years he has passed before leaving home he has 
been made his father's friend and companion, he still remains that 
friend and companion in spirit, and will, on meeting him, do as two 
boys I know — one of sixteen and the other of thirteen — kiss that 
father and murmur in their slumber, 'There's no place like 
home.' " 



150 DUNNE — JUDGE, MAYOR, GOVERNOR 



ON THE CHICAGO CHARTER 

Address to Commercial Club, March 12, 1904. 

Gentlemen of the Commercial Cluh: 

You have asked me to address you briefly about the advan- 
tages of the proposed constitutional amendment permitting a 
special charter for the city of Chicago. 

I am thoroughly familiar with the terms of the proposed con- 
stitutional amendment, and was a member of the so-called con- 
vention which discussed its provisions and finally agreed upon the 
proposed amendment. 

I am heartily in favor of the proposed constitutional amend- 
ment. I endeavored to have what 1 believed to be a better and 
more satisfactory amendment adopted by the so-called convention, 
but having failed in that, I heartily voted for the proposed amend- 
ment that we adopted, and took great pleasure in personally urging 
its adoption upon members of the last Legislature in Springfield. 
I am still heartily in favor of its adoption, and will do everything 
in my power in my humble way, to have this amendment to the 
Constitution approved of by the people and incorporated in the 
Constitution. 

I am clearly of the opinion, however, that a much more simple 
and a much more thorough constitutional amendment could have 
been devised and recommended by this convention than that which 
was recommended. The proposed constitutional amendment may 
answer for present purposes; but the city of Chicago is a rapidly 
growing community and its needs, necessities and demands will be 
constantly enlarging and changing, and as the years roll by, in 
my judgment, it will be found that the proposed constitutional 
amendment will not cover all its necessities and requirements. The 
city of Chicago has quadrupled in population in the last twenty- 
four years, and it is likely to increase that population in the same 
proportion. It would not surprise me if within twenty years, there 
were 5,000,000 people in the county of Cook, and that this tre- 
mendous aggregation of people will be suffering within a few years 
from legislative evils and burdens not now contemplated and which 
cannot be foretold or predicted. Because of this fact I believed, as 
a member of that convention, and now believe, that a more elastic, 
comprehensive and far-reaching amendment to the Constitution 
should have been adopted. 



DUNNE — JUDGE, MAYOR, GOVERNOR 151 

Those being my opinions, I had the honor, in that convention, 
to propose as a substitute for the amendment finally adopted the 
following : 

'^Resolved, that Article Four of the Constitution of this State 
be amended by adding thereto a section to be numbered Section 
Thirty-four, which shall read as follows, to--wit: 

" 'The General Assembly shall have power, anything in this 
Constitution to the contrary notwithstanding, to enact any and 
all laws which may be requested in writing by the city council of 
the city of Chicago, or by ten per cent, of the legal voters of said 
city, said laws to be applicable only to said city, and to take effect 
only when approved by a majorit}^ of all the legal voters of said 
city voting thereon at the next municipal election held not less 
than 30 days after the enactment of said law or laws. ' ' ' 

In moving the adoption of the above proposed amendment to 
the Constitution, I was honestly endeavoring to accomplish the 
same object aimed at by the other members of that body of gen- 
tlemen, to-wit : to give power to the city of Chicago to adopt a 
charter which would be adequate to its needs and necessities as 
distinguished from the needs and necessities of the State at large. 
If my scheme could and would attain that end, it had three advan- 
tages over the scheme finally adopted. 

First. It was more concise and succinct. 

Second. It was more simple and easily understood. 

Third. It was more comprehensive and elastic. 

This was not disputed by any man in that convention, com- 
posed, as it was, of the ablest lawyers and shrewdest business 
men in the city of Chicago. It was assailed by them, not on the 
ground that, if passed, it would not stand the test of judicial 
inquiry and examination, but that it was novel and revolutionary. 
Not a man on the floor of that convention, where were John P. 
Wilson, Thomas A. Moran, John H. Hamline, John S. Miller, E. 
Allen Frost, H. C. Mecartney, Walter S. Fisher, J. D. Andrews, 
and a host of other legal lights, claimed, that, if my substitute 
should be adopted by the people, it would not stand the test of 
judicial inquiry, or that it could be overturned by a court of last 
resort. Any objections that could be urged against it in a court 
can be urged against the proposed amendment to the Constitution 
finally adopted ; but they are utterly without force as against 
both. 

The only objections urged against the substitute resolution 
offered by myself were : 

First. That it was novel and revolutionary. 

Second. That it would enable the citizens of Chicago, by popu- 
lar vote, to suspend the habeas corpus act, abolish trial by jury, 



152 DUNNE — JUDGE, MAYOR, GOVERNOR 

suppress free speech, and deprive themselves of all the rights 
secured by the Magna Charta. 

As to the first objection, I am free to admit that it is new 
and revolutionary in Chicago, although I advocated the same 
proposition over a year before in this city and had the idea very 
favorably commented upon by so conservative and careful papers 
as the Chicago Chronicle and Journal. 

But that it is new or revolutionary in modern political econ- 
omy is untrue. The principle, therein enunciated, has been in 
practical and successful operation for thirty years last past in 
the republic of Switzerland, is binding law upon the citizens of 
that republic, and has operated to the entire satisfaction of the 
5,000,000 people of the republic, which, in my opinion, has the 
purest and most upright Government upon earth. In proof of this 
statement, let me quote the following : 

Theodore Curti, the Swiss historian and statesman, declares : 

' ' The wholesome effect the referendum exerts upon the country 
cannot be over-estimated. It is a political school for the people ; 
hence an invaluable element of culture. Wherever it is applied 
all. classes of the population take interest and participate in dis- 
cussions of the question at issue ; mutually imparting and receiv- 
ing valuable economic and political information. 

"The referendum has proven itself a potent factor, both to 
legislation and to the country at large, in this : that it has 
strengthened the influence of public opinion upon the representa- 
tive bodies, who are naturally prone to assume powers which 
ultimatelj' belong to the people, gradually degenerating into a 
ruling caste, with the result that private interests are promoted 
while the affairs of the people are neglected or intentionally 
buried in some committee. 

' ' I have been a member of legislative assemblies in Switzerland 
for the past seventeen years, and it is my. conviction that the 
referendum has not prevented the passage of many beneficial 
laws that we desired to have enacted; but that it has prevented 
the committing of many errors, owing to the mere fact that it 
stood as a warning before us. ' ' 

Karl Burkli, a well-known Swiss economist, declares: 
"The smooth working of our federal, cantonal and municipal 
referendum is a matter of fact, a truth generallj^ acknowledged 
throughout Switzerland. The initiative and referendum are now 
deeply rooted in the hearts of thfr Swiss people. There is no 
party, not even a single statesman, who dares openly oppose it in 
principle, and yet many of them curse the institution in the 
depths of ^their hearts. 



DUNNE — JUDGE, MAYOR, GOVERNOR 153 

"All the divers votings — federal, cantonal, municipal — go on 
without riot, corruption, disturbance or hindrance whatever, 
although with great agitation. . . . Our Swiss political trinity 
— initiative, referendum and proportional representation — is not 
only good and holy for hard-working Switzerland, but would be 
even better for that grand country of North America. It would 
cure them thoroughly of their leprous representation, both Federal 
and state, and regenerate the misgovernments of their great 
cities. ' ' 

Mr. McCrackan, in his interesting history of "The Rise of 
the Swiss Republic," says: 

"It will always remain the chief honor and glory of Swiss 
statesmanship to have discovered the solution of one of the great 
political problems of the ages — how to enable great masses of 
people to govern themselves directly. By means of the referen- 
dum and the initiative this difficulty has been brilliantly over- 
come. The essence and vital principle of the popular assembly 
has been rescued from perishing miserably before the exigencies 
of modern life, and successfully grafted upon the representativa 
system. ' ' 

That my proposed amendment would enable the citizens of 
Chicago to suspend the habeas corpus act, abolish trial by jury, 
and deprive themselves of all the rights which man holds dear, is 
true, if not restrained by the Federal Constitution. It would do 
more. It would enable them, if not restrained by the Federal 
Constitution, to reestablish slavery and bring back the feudal 
system. Is this an argument or a bogy? "Was there ever an 
instance in history of a man, a family, a community, or a nation 
giving up and surrendering that which was dearest to them? 
What have men been struggling for during the long, dark, dreary 
centuries? For light, life and freedom. You can trust the great 
body of the people at all times to preserve their lives, their lib- 
erties, and the pursuit of happiness. There is not an instance in 
history where a people, by popular vote, ever surrendered the 
right of trial by .jury, the rights secured by the writ of habeas 
corpus, the right of free speech, a free press, or any other right 
which is secured hy the common law. Tyrannical rulers in the 
past and tyrannical judges in recent times have deprived men 
of these rights. The people never rob themselves of these in- 
estimable safeguards. In framing constitutions the people have 
always reserved these rights to themselves. Now, what are con- 
stitutions? Creatures created by the people. The people are the 
creators of constitutions. The constitutions are the creations of 
the people. 



154 DUNNE — JUDGE, MAYOR, GOVERNOR 

The purpose and reason for the making of a constitution is 
to place limitations upon the powers of the law-makers chosen 
by the people in a representative form of government, and to re- 
serve to the great body of the people certain rights which they 
will not trust their chosen representatives to legislate upon or bar- 
ter away. A constitution is a limitation upon the powers of the 
legislature; not a limitation upon the right of the people them- 
selves to make laws. The right of the people to legislate for 
themselves in a true republic, such as is the United States of 
America, is fundamental, absolute, plenary and unlimited. 

Certain forms and methods of ascertaining and expressing 
the will of the people may have to be complied with under exist- 
ing laws and constitutions, adopted because of the impossibility 
of assembling together all of the people in one mighty body. But 
when these forms are complied with, and the will of the people is 
ascertained, it is plenary, absolute and supreme. They can make 
and unmake constitutions, and annul all laws, fundamental and 
legislative. The whole fabric of the American Government is 
based upon the theory that the people themselves are the source 
and origin of all law, constitutional and legislative. 

The initiative and referendum simply recognize this funda- 
mental principle of a republican form of government — tliat the 
people are the ultimate law-making power — and provide a simple, 
easy and convenient method of enabling the people who are the 
source and origin of all the law-making power to legislate directly 
for themselves upon questions of great public interest. 

In offering to the convention my substitute resolution, I 
merely suggested a simple method to the people of Chicago of ex- 
ercising that inherent right of legislating directly for themselves. 
"Why should it not have been given them? The citizens of each 
state in the Union have the right to make and unmake their con- 
stitutions, or, if they should so elect, to make laws by the process 
of the initiative and referendvmi not in conflict with the Federal 
Constitution. Why not give to the city of Chicago the same 
right 

The city of Chicago has a population of 2,000.000 souls. 
Great cities need laws specially adapted to great, crowded, con- 
gested communities which would be useless, irksome, or it might 
be dangerous, to rural communities. Even if this were not so, a 
city of 2,000,000 inhabitants might be given as much law-making 
power as a state of like population. 

According to the Federal Census of 1900, there were thirty- 
one out of the forty-five states in the Union which have a popu- 
lation less than that of the city of Chicago. 



DUNNE JUDGE, MAYOR, GOVERNOR 155 

If the lesser population of these states are given plenary law- 
making power — within the limits of the Federal Constitution — why 
should not Chicago be given the same right"? 

Why should this overgrown and still rapidly-growing giant be 
kept in the swaddling clothes of an infant '? The proposed constitu- 
tional amendment, adopted by the so-called convention, would give 
it a suit of clothes fitted for its present size. The initiative and 
referendum would give it a suit for present use and an unexhausti- 
ble supply of cloth for use in its future growth and development. 

Every law demanded by the requirements and necessities of a 
great city from year to year, which might be presented to the Legis- 
lature by the city council, or by ten per cent, of Chicago's voters 
could, not necessarily would, be passed by the Legislature, and, if 
adopted and approved by the citizens of Chicago by popular vote, 
would become a law impregnable against attack in the courts. Why 
should not this be the situation in a great city in a Republic based 
upon popular suffrage? 

In these latter days the delusion seems to have gone abroad that 
constitutions and legislatures are the masters, instead of being the 
servants of the people. Powerful interests seem to be instilling this 
poisonous delusion into the minds of the people. Lest we forget 
that the people are the source and creators of all constitutions and 
of all laws, let us go back and consult the greatest, highest and 
broadest statesman of our country. Walker's American Law de- 
clares : 

"The representatives, to whom authority is delegated, are the 
servants of their masters, of their constituents, whose will it is their 
office to execute. ' ' 

Daniel Webster declared : 

"The sovereignty of government is an idea belonging to the 
other side of the Atlantic. No such thing is known in North 
America ; with us all power is with the people. They alone are 
sovereign, and they erect what government they please." 

George Washington declared : 

"The powers under the Constitution will always be with the 
people. It is temporarily intrusted to their representatives — their 
servants ; they are no more than the creatures of the people. ' ' 

James Madison more emphatically declares: 

"The Federal and State Governments are, in fact, but different 
agents and trusts of the people, instituted with different powers. 
The ultimate authority resides with the people alone." 

Judge Parsons, of Massachusetts, in the ratifying convention of 
the state, characterized the Federal Government as : 

"A Government to be administered for the common good by 
the servants of the people vested with delegated powers." 



156 DUNNE — JUDGE, MAYOR, GOVERNOR 

Alexander Hamilton, in the ratifying convention of New York, 
while arguing in favor of the Constitution 's adoption, said : 

"What is the structure of the Government? The people 
govern. ' ' 

Chief Justice Marshall, while emphatically speaking of the 
people 's control over their representatives, declared : 

' ' Who gave may take back. ' ' 

The experience of the last thirty or forty years that we have 
had with corrupt and profligate legislators and common councils 
has forced upon reflecting citizens the conviction that a check upon 
legislative corruption and profligacy is absolutely necessary. The 
people are the only superior power who can apply this check, and 
this check can be applied only by the initiative and referendum. 

It has abolished corruption, profligacy and plunder of the 
people 's rights in Switzerland. Why should it not do so in Chicago ? 
Under such a system the lobbyist would be abolished and the 
wealthy corruptionists would disappear forever. 

The only objection that can be urged against it is that it will 
interfere with the wholesale traffic in franchises and debauchery 
of its representatives, which has prevailed too long and too injur- 
iously to the interests of the people of this community. 



DUNNE — JUDGE, MAYOR, GOVERNOR 157 



ASSIGNMENT OF WAGE SLAVERY. 

Statement by Judge Dunne, June 26, 1904. 

The most unprincipled lot of men in this community are the 
men of means who ferret out the weak, the dissolute, and unfortu- 
nate poor with alluring advertisements in the press, the street cars, 
elevated roads, and on the billboards of the city, offering money to 
loan without publicity upon easy terms of repayment. Most of 
them are unconscionable and remorseless usurers. 

They are divided into two classes — the chattel .mortgage shark 
and the assignment of wage shark. The latter is more unconscion- 
able and contemptible of the two. The former only takes as security 
the personal property, which the unfortunate debtor has paid for 
and owns. There is thus a limit to his rapacity. When he takes the 
debtor's personal property, upon foreclosure, he gets his principal 
and usurious interest out of the foreclosed chattels, and this gen- 
erally satisfies him. 

The assignment of wages shark, however, has no bounds to his 
rapacity. His mortgage is upon the flesh and blood, the brain and 
brawn, the whole earning capacity of his unfortunate debtor. 

Once the fatal assignment of wages is signed he holds it like 
the sword of Damocles over the head of his helpless victim and 
makes his terms of renewal of the notes harsher and harsher. 

Most employers, rather than be annoyed with suits upon these 
assignm.ents, will discharge the employe. The w^retched debtor 
knows this, and the conscienceless loan shark, by threatening from 
time to time to sue the employer, holds him in as abject subjection 
as though he were his slave. Cases have recently been developed 
in the courts of this county where these bloodsuckers have squeezed 
out of their helpless victims ten times the amount loaned, together 
with legal interest thereon. 

No respectable man would engage in the business. The calling 
of a highwayman is decent in comparison. The latter only takes 
what you have upon your person. The assignment of salary shark 
takes all you can earn above a bare subsistence for months and years 
to come. The highwayman often needs the money. The assignment 
of salary sliark is generally a smug capitalist, who dresses in purple 
and fine linen, lives on some boulevard, and frequently occupies a 
front pew in some church. 



158 DUNNE — JUDGE, MAYOR, GOVERNOR 

Since the recent decision of the Supreme Court of this State, 
nothing stands in the way of the assignment of salary shark 's rapac- 
ity and voracity. 

In some particulars the case that was appealed was remarkable. 
Mallin, the debtor, was an employe of Armour & Co. For a loan 
at grossly usurious rates he assigned his wages to be earned from 
Armour & Co. or any other employer for the period of ten years, 
and afterwards went into bankruptcy and received his discharge 
as a bankrupt. 

The Supreme Court, reversing my decision, which held the 
assignment invalid and the discharge in bankruptcy a discharge of 
the debt, holds that the assignment was valid and that the discharge 
of the bankrupt did not release the assignment, and this is now the 
settled law of the State of Illinois. 

I believed and held that the laws of this State, which declare 
that "it shall be unlawful for any person or company to make 
deductions from his, it, or their workmen, except for lawful money 
actually advanced without discount," section three, truck system 
act, chapter forty-eight, revised statutes, the exemption acts, the 
act making the wages of a laborer a preferred claim in assignment 
cases, the act excluding exemption as against wages of a laborer, 
and the act giving attorney's fees to a laborer who is compelled to 
sue for his wages, clearly indicated the policy of the laws of the 
State to be to secure to the laborer his wages in cash. 

The only remedy now lies in the Legislature. If a man can 
assign his unearned wages for ten years he can upon the same prin- 
ciple assign them for life. If he can assign them for life, wherein 
does his condition differ from that of the black man before the war ? 
Between contractual slavery and inherited slavery is there any sub- 
stantial difference? 

Assignment of wage slavery or contractual slavery now exists 
in this community, not in a few random cases but an enormous 
number of cases. 

It prevails generally among public servants, such as policemen, 
firemen, letter carriers, teachers, and clerks in county and city 
offices. This class of borrowers, however, are in a measure inde- 
pendent of the loan sharks, if their paymasters did their full duty 
by them and the public by refusing to honor the assignments of 
their salaries. The great weight of legal authority declares that 
an assignment of unearned wages by a public servant is void as 
against public policy, because it unfits him to perform the duties 
he owes to the public, and I am confident the Supreme Court of the 
State will so hold, if one of these cases is brought to that court. 

But the evil also prevails to an alarming extent among em- 
ployes of private firms and corporations, who, under the decision 



DUNNE — JUDGE, MAYOR, GOVERNOR 159 

in Wenham vs. Mulliii, are absolutely at the mercy of the loan 
sharks. 

A great proportion of the family desertions and suicides of 
this city, in my opinion, can be traced to the loan sharks. 

The Legislature should and must act promptly. It can and 
should declare all usurious contracts absolutely void, both as to 
principal and interest, and not as to interest alone, as is now pro- 
vided by law. 

It should declare that all assignments of unearned wages are 
null and void as against public policy. It has already declared the 
following contracts illegal: 

Contracts giving options to buy or sell at a future time grain, 
stock, or other commodity. 

Usurious contracts as to all interest, chattel mortgage of house- 
hold goods, unless signed by both husband and wife. 

The assignment of insolvent is invalid as to wages due a laborer 
or servant. 

Why not, then, declare these infamous and unconscionable con- 
tracts which foster usury, debauch and corrupt the public, destroy 
and render desolate the homes of the poor, and bring back to our 
country slavery in contractual form, absolutely null and void, and 
thus drive usury and immeasurable misery from our midst? 



160 DUNNE JUDGE, MAYOR, GOVERNOR 



IS THERE INTERNATIONAL 
MORALITY? 

Statement by Judge Dunne, August, 1904." 

Is there such a thing as international morality? 

In other words, is there in existence any code of dealings 
with each other? 

I have never been a student of Vatel, Grotius or Wheaton, 
and am comparatively ignorant of the principles of international 
law ; but until recently I have had a misty, vague idea that among 
civilized nations, at least, there was some sort of morality which 
controlled governments in their dealings with each other. I sup- 
pose that this impression was made upon me by the reading of 
the Declaration of Independence. ' ' The separate and equal station 
to which the laws of nature and of nature's .God entitle man" 
have never been forgotten by me since I read the words over thirty 
years ago. 

The declaration that ' ' governments are instituted among men 
deriving their just powers from the consent of the governed" 
has been regarded by me as axiomatic. I have lived in a Republic, 
which until the outbreak of the Spanish-American War, lived up 
to this principle in letter and in spirit and it is natural that being 
born and raised in a country which sprang into being with such 
sentiments upon its infant lips that I should have reached the con- 
clusion that such sentiments were the embodiment of national 
morality and that such a code of morality prevailed to a more 
or less degree among civilized nations. 

"Within the last five years, however, I have discovered from 
the course pursued by the Government of the United States that 
the enunciation that "governments derive their just powers from 
the consent of the governed," is repudiated by my own country, 
as it has been heretofore repudiated by every great civilized gov- 
ernment upon earth. 

We are governing today from eight to ten million of people 
in the Philippine Islands without their consent and without, ac- 
cording to them, the right of representation in the Legislature, 
a right which our Declaration of Independence declares is a 
"right inestimable to them and formidable to tyrants only." We 
have burned their cities, ravished their fields, despoiled their 



DUNNE — JUDGE, MAYOR, GOVERNOR IGl 

liomes, and swept tens of thousands of their resisting manhood 
into nameless graves to set up a government in these islands 
which is in defiance and contempt of every principle enunciated 
in the vaunted Declaration of Independence. 

The departure from the first principles upon which the Amer- 
ican Republic was founded is bad enough, but within the last 
ninety days the Government of the United States has gone a step 
further and a step lower. It has repudiated a solemn treaty made 
fifty-seven years ago with a sister republic, and practically to all 
intents and purposes, committed the crime of grand larceny 
among nations. 

Macedon under Alexander became a world power and robbed 
and plundered every other nation it came in contact with. Rome 
became a world power and debauched the civilized and semi- 
civilized earth. Russia, Prussia and Austria became world 
powers and plundered and dismembered Poland. France, under 
Napoleon, was a world power and robbed and despoiled every 
nation in Europe. Great Britain became a world power and robbed 
every weaker nation she came in contact with and has continued 
her career of rapine and plunder from the time she massacred 
the Irish at Drogheda down to the time she blew Sepoys from 
the mouths of her cannon in India and to the more recent time 
when she almost succeeded in exterminating the women and chil- 
dren of the Boers in the reconcentrado camps of South America. 
Nearly every European country as well as the United States joined 
in the recent spoliation of China. 

When I reflect upon the conduct of this country in Panama 
and consider the conduct of the other great nations of the earth 
in remote and recent times I am forced to the conclusion that 
there is no code of morality which prevails or ever has prevailed 
between even alleged Christian nations. 

With all of them might makes right and the mailed hand 
is the best argument. 



162 DUNNE JUDGE, MAYOR, GOVERNOR 



EEGARDING CRIMES OF VIOLENCE. 

Address by Judge Dunne, October 16, 1904. 

Mr. Chairman and Gentlemen: 

I have no hesitation in declaring that I am opposed to the 
infliction of the death penalty upon burglars or highwaymen and 
that I am opposed to the extension of the death penalty beyond 
its present limitations. It is a backward step. It is a confession 
that organized society in the twentieth century is a failure. 

The tendency of all modern civilized communities has been 
in the opposite direction. A little over a century ago it was an 
offense punishable with death in England to injure young trees, to 
shoot a rabbit or to steal property worth over five shillings. Yet, 
notwithstanding the ferocity of such penalties, I believe it to be a 
fact that there were ten times as many homicides per capita com- 
mitted in England during the reign of George III as there were 
during the reign of Victoria. 

In recent years scarcely a month passes but that we either have 
or are threatened with a hanging in Cook County, and yet there 
seems to be no appreciable decrease in the number of murders com- 
mitted in this city. Burglary and highway robbery are desperate 
crimes, particularly when accompanied by the use or exhibition of 
deadly weapons, but the punishment, novs provided by law in this 
State, ought to be a sufficient deterrent. The highwayman who is 
intent upon the commission of a crime which will involve his im- 
prisonment for life is sufficiently reckless to be indifferent to the 
death penalty. 

It is to be expected, of course, that every time there is an 
unusual outbreak of burglaries and robberies in the city hysterical 
citizens will cry out for the death penalty, but the infliction of the 
death penalty will not, in my judgment, decrease crimes of this 
character. 

The policy and tendency of all intelligent governments is to 
prevent crime, not by increase of penalties as a deterrent, but by 
ameliorating the conditions which provoke or tempt to crime. The 
establishment of social settlements among the slums, juvenile 
courts, truancy schools and the enforcement of compulsory educa- 
tion and the child labor laws and the laws which prevent the sale 
of intoxicating liquors to minors will do more to prevent the occur- 
rence of such crimes than the inflictions of the death penalty. 



DUNNE JUDGE, MAYOR, GOVERNOR 163 

My experience in the Criminal Court leads me to believe that 
most of these crimes are committed by very young men, and a large 
portion of the same by boys verging upon manhood. The history 
of their lives generally forms an indictment of modem society as 
at present constituted. 

Many of them are whole or half orphans, or the children of dis- 
sipated, criminal or poverty-stricken parents, who have thrown 
them at an early age out into the streets to fight for their living. 
Hungry and homeless, they naturally gravitate towards the corner 
saloon, where a free lunch and, in winter, a fire afford them tem- 
porary relief and. shelter. Thence their graduation into crime is 
quick and easy. 

Two circumstances in Chicago make them naturally turn 
toward burglary and highway robbery. First, the totally inade- 
quate police force of the city, and, second, the ease with which they 
can procure deadly weapons. When I speak of the first of these 
causes I do not mean that our present policy force is inefficient, 
cowardly or corrupt. On the contrary, I believe that Chicago has 
as efficient, as brave and as honest a police force, man for man, 
as any city in the world. But we are woefully deficient in the 
number of policemen the city has upon its pay roll, and this fact 
is known to our criminal as well as to our law-abiding classes. 

There is less danger of detection in the commission of these 
desperate crimes in Chicago, by reason of the scarcity of policemen, 
than in any other great city of this country. When a patrolman 
has to travel several miles on his beat it is an easy matter for a 
couple of desperate criminals to hold up a citizen on our streets 
and escape without fear of apprehension. 

The ease with which a man can purchase a deadly weapon 
in this city is another prolific cause of robbery and burglary. These 
weapons are displayed in the front windows of pawn shops, second- 
hand and hardware stores all over the city, and young men and boys 
carry them as naturally as they carry a watch or a handkerchief. 

As a more effective way of putting a stop to highway robbery 
and burglary in this city at the present time than by inflicting the 
death penalty, which is a return to the ferocity and barbarity of 
mediaeval times, let me suggest: 

First. That the board of assessors and board of review discover 
— ^what everyone but those bodies know — that the city of Chicago 
is increasing in wealth every year, and increasing instead of decreas- 
ing the annual tax levy, and thus provide for an adequate police 
force; and, 

Second. Have the next Legislature pass a law making the carry- 
ing of a revolver, billy, slungshot, dagger or other deadly weapon 
of like character, concealed upon the person, a felony, punishable 
with from one to five years in the penitentiary. 



164 DUNNE — JUDGE, MAYOR, GOVERNOR 

In my judgment, if these steps are taken, most of the burglaiy 
and robbery with which we are now harassed will disappear from 
our midst without our being compelled to turn back the hands on 
the timepiece of modern civilization and to retrograde to the sav- 
agery of the eighteenth century. 

At the same time let us go out in the slums and purlieus 
of our great city, like the earnest, rough-and-ready, albeit noisy, 
soldiers of Christ, the Salvation Army; like the meek and lowly 
sisters of the Good Shepherd, and the visitation and aid and other 
kindred societies, and take by the hand the unfortunate boys and 
girls who in this age of cold commercialism have escaped the notice 
of those benevolent millionaires who are furnishing higher education 
for the educated and libraries for the learned and plan them in 
schools where humanity and respect for law is taught and practiced. 



DUNNE — JUDGE, MAYOR, GOVERNOR ' 165 



ON THE PANAMA TREATY. 

Address before Henry George Association, December 7, 1904. 

Mr. Chairman and Gentlemen: 

In the year 1846 the United States of America concluded a 
treaty with the republic of New Granada, now known as the repub- 
lic of Colombia, in which, in return for certain valuable concessions 
to American citizens, among which were the same privileges of com- 
merce and navigation enjoyed by the citizens of Granada in cross- 
ing the Isthmus of Panama, the United States of America ' ' guaran- 
teed positively to the republic of Ne^^ Granada the neutrality of 
the Isthmus and the rights of sovereignty and property which New 
Granada has and possesses over the said territory." 

This treaty has been faithfully observed by the republic of 
New Granada and its successor, the republic of Colombia, down to 
the present day, and until the month of November, 1903, was re- 
spected and adhered to by the United States of America. 

During the month of November just past, the United States 
Government, without any pretense of this treaty being violated, 
hurriedly equipped in its navy yards a number of gunboats, loaded 
up a number of its war vessels with ammunition and marines, and 
hurriedly dispatched them to Colon and Panama in a time of pro- 
found peace. 

Immediately upon their arrival, as by a preconcerted signal, a 
few hundred men in the cities of Colon and Panama, cities located 
at either end of the Isthmus railroad, seize a few hundred rifles and 
a splendid supply of ammunition and small arms opportunely placed 
at their disposal by some disinterested philanthropists, occupy the 
railroad termini and declare themselves to be the republic of 
Panama in revolt against the republic of Colombia. 

At once, by orders from Washington given several days before. 
United States marines are landed from the United States gunboats, 
the railway stations seized by United States troops and all trans- 
portation of Colombian troops over the railroad prohibited. The 
United States gunboats blockade the harbors and Colombian ves- 
sels are warned off and prohibited from landing at their own ports, 
Panama and Colon. 

Within one hundred hours after this preconcerted and pre- 
arranged emeute, before any election is held, before even any sem- 
blance of a convention or convocation is called, before a shadow 



166 DUNNE — JUDGE, MAYOR, GOVERNOR 

of a congress is gotten together, before the rudiments of a provi- 
sional government is gotten under way ; before, so far as the press 
dispatches disclose, a provisional president or even a dictator is 
appointed, the President of the United States gives official recog- 
nition to an agent of the French canal syndicates in Washington, 
who declares himself minister plenipotentiary of the undelivered 
foetus of a government, and within a few hours afterward concludes 
an alleged treaty with this worthy which violates the solemn pledges 
made by this Government with the southern republic fifty-seven 
years ago. 

The foregoing is the shameful story of American history for 
the month of November, 1903. 

A more scandalous and disgraceful exhibition of Punic faith 
and breach of national honor is not recorded in the pages of history. 

In 1846, when the treaty between these countries was negoti- 
ated, the young republic of Granada was weak in population and 
financial strength, but she possessed then and she possesses now one 
of the most important strategic possessions in the world — a narrow 
isthmus, about thirty miles in width, separating great oceans, capa- 
ble of being cut across by modern engineering skill, and thus 
reducing by thousands of miles and weeks of time navigation around 
the world. Even in 1846 the envious eyes of the great nations of 
the world rested upon this isthmus, and enlightened, broad-minded 
and fairly disposed American statesmen at that date, recognizing 
the tremendous importance of the position and fearing lest the 
great land-grabbing nations of Europe might despoil the young 
republic of its most valuable possession, inspired and brought about 
this treaty of 1846, which was fair to both republics and mutually 
advantageous. 

The American statesmen of that day were incapable of foment- 
ing rebellions within the territory of sister republics and grabbing 
off what they could lay their hands on during the disturbances that 
followed. 

In making the treaty of 1846 they were inspired by the spirit 
of the Monroe doctrine, and guaranteed to the young republic of 
South America, then but recently sprung into being, that no Euro- 
pean nation should despoil her of her territory or sovereignty. 

That our Government at Washington connived at the outbreak 
at Panama is established beyond all question : 

First. Walter Wellman, a very reliable and well-informed cor- 
respondent, stationed at Washington before the outbreak, wrote to 
his paper that the United States authorities were hastily dispatch- 
ing gunboats, marines and munitions of war to Panama, and that 
something ''was in the wind" at Panama. 

I remember reading the letter several days before the outbreak. 



PUNNE JUDGE, MAYOR, GOVERNOR 167 

Second. On November 17, a New York paper printed the fol- 
lowing: "Mr. Dugue, publisher of the Star and Herald at Panama, 
is said to have informed Mr. Hay that the revolution was scheduled 
to take place on September 23," to which Mr. Hay replied, "Sep- 
tember 23 is much too early." 

Mr. Dugue went back to New York. Revolution was post- 
poned to November 3. 

Third. American war vessels had, by orders of the Government 
at Washington, been collected within striking distance, and on the 
day before the revolution began, Admiral Glass was notified to go 
to the Isthmus. 

Fourth. The planting of the agent of the French canal syndi- 
cate, the soon-to-be-minister plenipotentiary of the unborn republic, 
at Washington before the outbreak, so as to be ready to sign the 
previously drafted and arranged treaty. 

Fifth. The scandalously indecent violation of international law 
and customs in recognizing a representative of a government not 
even provisionally organized, within a few hours after the outbreak. 

Sixth. The signing of a cut-and-dried treaty with a man notori- 
ously interested as the agent of companies which would acquire 
$40,000,000 thereunder at a time when the alleged republic he 
claimed to represent had neither a president, a senate, a congress 
or a flag, so far as the press dispatches disclose to the world. 

Seventh. The insolent, outrageous and high-handed conduct of 
the United States marines and sailors, acting under orders from 
Washington, in refusing to allow Colombian troops to travel upon 
the Panama railway to suppress the rebellion, and in refusing to 
allow the soldiers of the republic to be landed in Panama and Colon, 
when sent there by their government to put down the disturbance. 

The conduct of our Government at Washington in this regard 
shows that not only was the outbreak organized with the full ap- 
proval, if not active assistance, of the United States authorities, but 
that our Government openly succored and assisted the rebels by 
preventing the Colombian government from suppressing the revolt. 
That the Colombian government could have suppressed the revolt 
within a few days, or weeks at most, cannot be doubted in view of 
the fact that even if every citizen in the state of Panama was in 
revolt, which is far from the fact, they would be outnumbered as 
thirteen to one by the citizens of Colombia. 

The population of Colombia is 3,878,600. The population of 
Panama is 285,000. As well might the county of LaSalle revolt 
against the great State of Illinois. 

There is no possible doubt but that our Government at Wash- 
ington connived at, if it did not actually organize, the revolt at 
Panama, and that it actively and openly assisted the insurgents 



168 DUNNE — JUDGE, MAYOR, GOVERNOR 

after the outbreak and prevented the constituted authorities of 
Colombia from suppressing the revolt. 

We take the young republic of Colombia in 1846 under our 
protection and pledge ourselves to protect her from the designs 
of the great robber nations of the earth. She has around her 
a girdle of surprising value. 

In 1903 we despoil her and steal her girdle. 

No wonder that in the agony of her disgrace and misplaced 
confidence the young republic has appealed from our Government 
to our people and pointed out to them in words that burn and 
brand, the infamy of our conduct. 

I utter these words, not so much in criticism of the powers 
that be in executive station at Washington, but in protest at the 
confirmation of a treaty which, if it is consummated, will forever 
degrade my country and disgrace the American name, character 
and flag. This soiled, be-greasy, foul, ill-scented and bedraggled 
document bearing the names of John Hay and "what's-his-name," 
minister plenipotentiary of the alleged Panama republic, must br 
presented, even if it is presented with tongs, to the United States 
Senate for confirmation. In that Senate there are men professing 
allegiance to two or more parties. The dominant party does not 
control the Senate by a two-thirds vote. In the dominant party 
there are men who love their country and have its honor at heart. 
In the minority there are men of like caliber. Is there not in th-i 
Senate of the United States at least a minority of one-third 
among all parties who have intelligence and virtue enough tc 
prevent by their votes of "Nay" a motion to confirm this scan- 
dalous iniquity and disgrace to the American Nation? For the 
honor of America it is to be hoped there is. If there is not I can 
see only degeneracy of the great American Republic like to that 
which submerged the old republic of Rome into the degradation 
and final dismemberment of the Roman empire. 

It remains to consider the explanations offered by the State 
Department and its apologists. 

First. It is asserted by them that in guaranteeing the sover- 
eignty of the republic of Colombia over the Isthmus, we only 
pledged the faith of the United States to protect the repubiic 
from the aggressions of foreign countries, and that we did not 
guarantee it from revolt within its borders. 

The words of the treaty do not bear this construction. No 
reference to foreign countries is made in the words of the guar- 
antee. Tt is absolute and unconditional, and given for most 
valuable considerations. The guaranty runs not to the state of 
Panama or its citizens, but to the republic of New Granada. But 
even if it did not cover insurrection from within, it certainly does 



DUNNE JUDGE, MAYOR, GOVERNOR 169 

prevent the Government of the United States, in honor and in 
conscience, from taking sides in case of insurrection with the 
insurrectionists, or giving them aid or comfort. Yet this is just 
what our Government has done, and has done so flagrantly, openly 
and indecently, that even the most shameless apologist of the 
administration has not the temerity to indorse it. 

The press dispatches, without contradiction, all show that we 
prevented the Colombian government from landing Colombian 
troops to suppress the outbreak, and prevented the Colombian 
troops on the ground at the time of the outbreak from using 
the railroad for a like purpose. The admiral commanding the 
United States squadron, which had been collected at the Isthmus 
in anticipation of the outbreak, even refused to allow an envoy 
from Bogota to land at Panama for the purpose of discussing the 
situation with the rebels — a most scandalous proceeding for an 
alleged neutral nation. 

Second. It is alleged by the apologists of this national crime 
that, in recognizing this spawn of greed and corruption, yclept 
the republic of Panama, we were following international prece- 
dents. I know of no such precipitous recognition of a national 
weakling in history. 

In 1861 eleven great states of the United States, having a 
population of probably 8,000,000 souls, formally seceded from 
the United States, established a new government and carried 
on a great war with varying success for four years, and yet no 
civilized government deemed it proper to accord the new govern- 
ment recognition. The Cuban insurrectionists carried on a suc- 
cessful war for many months against Spain, and had absolute 
control over large tracts of country in Cuba, and yet neither the 
United States nor any other government accorded them recog- 
nition. 

Aguinaldo and the Philippine insurgents against Spain car- 
ried on successful war against Spain, and held undisputed sover- 
eignty over a great part of Luzon for many months, and yet 
neither the United States nor any other civilized government rec- 
ognized them as a de facto government. Numberless other cases 
of like character will be found in history, but not a case can be 
found where an insurrection which springs into being between 
two days has ever been dignified with recognition as a govern- 
ment within five days after its origin, by any civilized govern- 
ment on earth. 

The whole scaly, slimy, miserable plot is so transparently 
fraudulent and corrupt that an attempted defense of it exposes its 
defenders to the charge of dishonesty or moral obliquity. 



170 DUNNE — JUDGE, MAYOR, GOVERNOR 



URGES JUDGE DUNNE FOR MAYOR. 

Letter of Judge Murray F. Tuley, January 16, 1905. 

To the People of Chicago : It is with great reluctance that I 
presume again to address you unsolicited upon a subject outside the 
functions of the office I hold. But I am a citizen of Chicago, no less 
than a judicial officer, and I feel that I should be unfaithful to one 
of the highest and withal one of the inalienable obligations of citi- 
zenship were I to withhold, at a civic crisis, such as I am convinced 
is now impending, the word of caution that my love for our city 
moves me to offer. 

The danger to which I allude is not visionary. Unless those 
people of Chicago (the great majority of our citizenship of all 
parties, as I believe) who are opposed to the further domination of 
our traction utilities by financial manipulators of street car fran- 
chises, and to the consequent tendency to the corruption of our city 
government — unless those people assert themselves immediately and 
emphatically with reference to the approaching municipal election, 
a great corporate combination, engineered from Wall Street by un- 
scrupulous stockjobbers, will, in my judgment, at that election, 
completely revive and reestablish the almost obsolete financial and 
political power of traction corporations over the right and comfort 
of the inhabitants of Chicago. 

The issue of local government by corporations and for corpo- 
rations will be on trial at this municipal election. If the corpora- 
tionists win, their victory will be complete. Our rights over our own 
thoroughfares will then be shackled by cunning compromise con- 
tracts for at least another generation. And that the corporations 
will win at this election, if the present plans in local politics of which 
I am advised are not frustrated, seems to me almost certain. 

It is generally known that the Chicago traction interests are 
consolidating under the supervision of J. Pierpont Morgan, the 
great stockjobber of New York. 

It is generally known that certain local investment interests 
are insistent upon making a compj-omise settlement with the trac- 
tion corporations, involving an extension of street franchises. 

It is generally known that this settlement is plausibly urged 
as desirable, upon the assumption that the traction corporations, 
if richly endowed with street franchises, will hereafter render 
good service. 



DUNNE JUDGE, MAYOR, GOVERNOR 171 

It is reasonably believed, on the other hand, that the bad 
service of the past twenty years of profitable franchises speak 
louder for the probabilities as to future service than any corpo- 
ration promises possibly can. The people appear from their ref- 
erendum votes to believe that although these corporations make 
fine promises and offer tempting contracts while seeking street 
franchises, they cannot be depended upon to perform their con- 
tracts after franchises are granted and the day for stockjobbing 
arrives. This belief is well founded. Notwithstanding their fran- 
chise contracts in the past, these traction corporations have ren- 
dered, and they persist in rendering, the worst of service. 

The courts hold that public service corporations are bound 
by the very nature of their being to render good service as an 
implied contract and that they can be forced by appropriate legal 
proceedings to render good service; but in the absence of efforts 
to compel the traction corporations of Chicago to perform this duty 
under their contracts, expressed and implied, the corporations are 
defiant. They seem to adopt this attitude for the purpose of forcing 
the people to compromise by extending franchises upon promises 
of good service in the future. Theirs is the unique position of urg- 
ing their own breach of contract as a reason for renewing the 
contract. 

Another plausible and generally known ground for urging a 
compromise settlement between the city and the traction corpora- 
tions is the obstacle to immediate municipal ownership of our trac- 
tion highways which the so-called ' ' ninety-nine year act ' ' interposes. 
The corporations assume to hold under that act a franchise monop- 
oly of important Chicago streets having nearly half a century yet 
to run. It is generally believed, however, that this act was fraudu- 
lently enacted, that it has been oppressively used against the rights 
and conveniences of the people, and that it is only a minor obstacle 
to the resumption by the people of their public interests in and con- 
trol over their own thoroughfares. 

It is also generally known, let me add, that an attempt was 
made last summer to rush through the city council a compromise 
settlement with the traction corporations for a franchise of thir- 
teen years or more, and that this programme was thwarted by the 
referendum petition of 135,000 signers, under which the ques- 
tion of compromise-settlement versus "no compromise-settlement is 
to be voted upon at the April election. 

But it is not so generally known that plans are on foot, to be 
consummated at the municipal election in April, for making a 
compromise-settlement with the traction corporations, no matter 
how the people vote on the settlement referendum nor which 
candidate is elected mayor; and yet I am convinced that such 



172 DUNNE JUDGE, MAYOR, GOVERNOR 

plans are being perfected aud that they will succeed unless the 
people are in time advised of the danger. 

The plans appear to have for their vital element the nomina- 
tion by the Republican and the Democratic parties alike of "set- 
tlement" candidates for mayor. "Settlement" means compro- 
mise settlement with the traction corporations on the basis of an 
extension of street franchises. 

Whether the candidates shall be specifically pledged for 
"settlement" does not appear to be regarded as important. So 
long as neither is pledged against "settlement" and both are 
known to favor "settlement", be it for honest reasons or other- 
wise, the object of these plans is sufficiently served. 

Witli such candidates the traction corporations and all other 
adversaries of municipal ownership would be confident of a con- 
tinuance of corporation control, no matter which candidate might 
secure the mayoral oftice. 

For, under cover of this mayoral contest, it is expected to 
select not only a "settlement" mayor, but at least a majority of 
"settlement" candidates for the city council. 

Having done that, the referendum vote on the question of 
"settlement" or no "settlement", no matter how great it may 
prove to be in opposition to "settlement", is to be ignored as 
merely "academic". 

The projectors of these plans for turning over the streets of 
Chicago to stockjobbing corporations know full well that their 
object cannot be accomplished until after the April election, for 
Mayor Harrison has promised to veto any "settlement" ordinance 
not approved by referendum vote. They are confident, and so 
am I, that he would pe«"form this promise. 

But Mayor Harrison goes out of office in April and a new 
administration will then come in. It is, consequently, of the 
utmost importance to the traction corporations that the new 
mayor shall be a man ^vho will approve a "settlement" ordinance, 
regardless of the referendum. 

On the other hand, it is of the utmost importance to the peo- 
ple that he shall be a man who will obey the public mandate. 

Therefore, the whole matter turns upon the result of the April 
election. Tf a "settlement'^' candidate for mayor be then elected 
the plans of the traction companies for securing control of our 
streets indefinitely will doubtless be carried out with no refer- 
ence whatever to the popular will. 

That such plans are on foot T am sure no well-informed man 
or newspaper in Chicago will venture to deny. Thnt these plans 
are defiant of public rights, repugnant to the essential principles 
of popular government and a gross outrage upon the property 



DUNNE — JUDGE, MxVYOR, GOVERNOR 173 

rights of our city in the interest of stock-jobbing corporations I 
lirnily believe. 

How to meet this emergency is for the people of Chicago 
themselves to determine. I shall not presume to advise. But as 
a citizen advanced in years, who (as 1 think I may with modesty 
say), has always endeavored to foster high ideals of good gov- 
ernment, I assert the right and assume the duty of suggesting a. 
general policy. 

I feel all the more bound to do this because the question at': 
issue is in no partisan sense a political question. If political in 
any sense at all, it is so only as any question of honesty in the 
administration of public affairs may at times become political. 
It is distinctively an economic question. No party interest of 
either the Republican or the Democratic party enters into it. Few 
issues could be so manifestly nonpartisan. For what my sug- 
gestions regarding the emergency may be worth, then, I shall 
frankly express them. 

Since the candidate for mayor most likely to be nominated 
by the Republican party is privately understood to favor "settle- 
ment" and has but recently been reported to have so declared 
himself in public, the possibility of protecting the city against 
the dangers of a compromise settlement with the traction cor- 
porations through the local Republican organization is so slight 
that it may as well be discarded. 

As to an independent municipal ownership party, I do not see 
how one can be so organized at this time as to marshal the vote 
which under favorable party conditions would naturally be cast 
against a compromise traction "settlement" involving franchise 
extension. Party affiliations are too eff'ective in many subtle ways 
to admit of the success of an independent party. I cannot, there- 
fore, suggest that course ; and I should regard it as useless or 
worse, except under peculiar circumstances which do not seem 
to me to exist at present. It might seriously endanger the public 
interests. 

To have Republican and Democratic candidates both favor- 
able to "settlement", or even noncommittal, and a municipal own- 
ership candidate representing only a hurriedly organized third 
party, would be an ideal situation for the traction companies, and 
is probably what they would desire. 

The only apparent recourse, then, is to secure the selection, 
by the local Democratic party, of a candidate for mayor whose 
mere nomination would squarely raise the "settlement" issue, 
not only on the referendum, but also in the mayoral contest itself. 

This candidate should be thoroughly known by all to be un- 
equivocally opposed to any compromise "settlement" involving 



174 DUNNE — JUDGE, MAYOR, GOVERNOR 

franchise extensions ; to be in favor of municipal ownership ; to be 
in favor of it as soon as it can be secured without any dilly-dally 
diplomacy with traction magnates. He should also be a man who 
would inspire confidence throughout the city in his determination 
and ability to carry out the municipal ownership policy for which 
Jie would stand. 

Personally I have no preference. So long as the candidate 
measures up to that standard on the traction question and pos- 
sesses those elements of popularity and of general confidence in 
his integrity that are necessary to his acceptance by a majority of 
the people, I am indifferent to his personality. My suggestions 
are not inspired by personal considerations. I care nothing for 
the ambition of office seekers. But neither in my thought nor 
through my inquiries am I able to discover but one man who is 
recognized throughout Chicago at this juncture as answering com- 
pletely to those requirements. 

There are many who measure up to the standard of purpose, 
integrity and ability, but only one, as the situation presents 
itself to me, who, in this emergency, adds to those requirements 
all the qualifications necessary to success at the polls. Regard- 
less, therefore, of misapprehension and misappropriation both as 
to him and myself, I shall name the man. 

I fully believe that he, if called by the people of Chicago 
to the mayor's chair, would throttle this AVall Street conspiracy 
to rob the people of their rights in the streets of our city as 
would a Jackson or a Roosevelt. 

In suggesting Judge Dunne, I fully appreciate the criticisms 
of a mayoral candidacy by a judge on the bench. I yield to no 
one in opposing office-seeking by judges. But I know that eTudge 
Dunne is not seeking this office. I know that personally he does 
not want it. I know that he Avould rather remain undisturbed to 
the end of his term upon the bench. 

I am sure that he would not even accept a mayoral nomina- 
tion at this time if it were not necessary to thwart the effort of 
the traction corporations to fasten their powers upon the city. 

Knowing all this, I have no hesitation in suggesting to the 
people of Chicago, opposed to the impending corporate domina- 
tion, that in this emergency they themselves call Judge Dunne 
from the judicial bench to the mayoral chair. For, while I object 
to office-seeking by judges, T see no legitimate reason why a judge 
should not respond, if the people call him to another post of public 
duty. Tt would be carrying the idea of judicial isolation from 
common affairs and interests to the verge of a senseless fad to 
deny the people themselves the unquestioned right to call a judge 



DUNNE — JUDGE, MAYOR, GOVERNOR 175 

from his judicial to an administrative oi^ce, if in their judgment 
a civic emergency should demand it. 

Whether the present traction emergency in Chicago does de- 
maud such action by the people I am not pretending nor at- 
tempting to decide. I speak only as Due of them. But as one of 
them I wish to repeat my admonition with all possible emphasis. 

Unless you wish to see your streets turned over for another 
long term of years to stockjobbing traction magnates, who, if 
the future may be inferred from the past, will give you bad ser- 
vice while charging exorbitant five-cent fares, you must promptly- 
declare yourselves in unmistakable terms. 

And if my suggestion regarding Judge Dunne appeals to you, 
you must appeal to him. He is not seeking the office nor do I 
believe he will seek it. 

With confidence in the integrity of the popular purpose and 
with all proper apologies for these unsolicited suggestions, I am, 
very respectfully, your fellow citizen, 

Murray F. Tuley. • 



176 DUNNE — JUDGE, MAYOR, GOVERNOR 



MAKES A UNIQUE PLEDGE. 

Statement as Candidate for Mayor of Chicago, January 24, 1905. 

If I am tendered the Democratic nomination for mayor of 
Chicago — a nomination for which I have not raised, and will not 
raise, a finger — and if I accept that nomination, I shall accept no 
money or assistance of any kind from any street railway com- 
pany, electric light company, telephone company, tunnel com- 
pany, subway company, or gas company, or any other corpora- 
tion that occupies, with the consent of the city, any space in 
Chicago on, under or above the public streets. 

It may be that the campaign will have to be conducted from 
the street corners, but it had better be so than with money contrib- 
uted by the corporations. There must be no misunderstanding on 
thi's score. I am not now in a position to say how my campaign 
can be financed, always assuming that I should be the Democratic 
nominee, but I am in a position to direct how it shall not be 
financed. 



DUNNE — JUDGE, MAYOR, GOVERNOR 177 



ACCEPTING NOMINATION AS MAYOR 
OF CHICAGO. 

Address before Chicago Democratic Convention, February 

25, 1905. 

Mr. Chairman and Gentlemen of the Convention: 

it would be hypocrisy for me to say that I am surprised at 
the nomination you have tendered me. It is the truth to say that 
it has not been solicited. I accept your nomination and express 
to you my appreciation of the honor conferred: first, because of 
the exalted honor therein paid me ; second, because of the con- 
fidence you repose in me ; third, and chiefly, because I believe 
that we are engaged in this campaign in an undertaking, the 
magnitude of which can not be yet appreciated, and the success 
of which involves materially, every citizen of Chicago. 

I accept it chiefly because I think it lies in the power of the 
city of Chicago, to blaze the way among American cities for 
putting into actual operation the principle of municipal owner- 
ship, and operation of public utilities. In the coming campaign 
we will engage in a struggle for the possession of our streets, 
now monopolized by the traction companies, and begin at once 
to take steps for the ownership and operation of the street cars 
l)y the city of Chicago. 

That municipal ownership and operation is no idle dream, 
that it is no mere captivating fancy, or alluring theory, but an 
actual reality, can easily be established. We need not discuss the 
theories of municipal ownership, or municipal ownership alone 
in the abstract. The people of this city have learned long ago, 
that municipal ownership and operation is in practical force as 
to street cars in over 100 cities, in England, Scotland and Ire- 
land ; that it is in operation in many of the great cities of Ger- 
many, Belgium, Austria-Hungary, Switzerland, Italy, Australia 
and New Zealand. We know that, where it is in force, it has 
resulted in reduced fares, in more rapid, constant and efficient 
service, in increased wages to traction employes, and the unqual- 
ified endorsement of the public ; that the systems are operated in 
those great cities to the entire satisfaction of the people thereof, 
and that no city that has ever tried municipal ownership in opera- 
tion of street cars has reverted to private ownership. 



178 DUNNE — JUDGE, MAYOR, GOVERNOR 

We know that the city of Chicago is operating one of the 
greatest electric light plants, if not the greatest, in America, and 
that it has reduced the cost of electric light more than one-half. 
We know that municipal operation of the waterworks of this 
city, for forty years last past, has resulted in giving the people 
of Chicago probably the cheapest water in the state of Illinois, 
if not in the United States, and that today, after the city has 
succeeded in building its immense system of waterworks, and 
after it has reduced over and over again, its rates to its citizens, 
it has a surplus in its water fund, of nearly one million dollars, 
after spending other millions in sewer building. 

We know that where municipal ownership and operation of 
public utilities has been put in force, under a civil service law in 
the great cities of the world, it has banished corruption com- 
pletely, within the walls of such cities. We know that it has 
driven the boodler, and the bribe giver beyond the pale of such 
cities. 

On the contrary, we know from bitter experience in our own 
city, that jrrivate management of public utilities has been grossly 
inefficient and indecent. We know that the main purpose and aim 
of those private corporations has been to pay exorbitant divi- 
dends upon watered stocks; that it has jammed and massed the 
unfortunate citizens of our community into miserable, ill-lighted 
and ill-kept cars ; that it has compelled a great percentage of 
them to stand on the way to their work, and on their way home, 
at night. We know that it has resulted in the collecting for 
years of illegal, double fares from our citizens. 

We know that it has made us ride in cars whose temperature 
would chill the living and preserve the dead. We know that it 
has debauched over and over again our city council and State 
Legislature. We know that it has brought about the passage 
of the infamous ninety-nine year act, the Allen bill and the 
Humphrey bill by wholesale bribery. We know that it has re- 
tarded the growth of our city. We know that it has depreciated, 
by its villainous service, the real estate values of the homes of 
our citizens, on all sides of the city, and particularly on the 
west side. We know that it has forced the people of the city 
Avithin the last six months in an outburst of indignation to roll 
up a protest against the renewal of any more franchises, signed 
by approximately one hundred and thirty-four thousand voters. 

We know, in other words, from personal experience in this 
city, that private ownership of the street' car system has become 
a stench in the nostrils of the people. Yet, we are told by cer- 
tain newspapers of this city, by a Republican platform which, 
in substance, declares that we must wait, for municipal owner- 



DUNNE — JUDGE, MAYOR, GOVERNOR 179 

ship and operation in the dim future, and by Republican candi- 
dates who demand immediate settlement of the traction question 
— which can only be obtained by granting the new franchise — that 
there is no present remedy for these intolerable evils. 

We are told that a new extension of franchises is the only 
solution of our insufferable evils, and that we must, for the next 
twenty years, accept the delusive promises of private companies 
as to efficient management, — promises which have proved sadly 
deceptive, and worthless in the past, — and that the city is not 
now in a position "legally or financially" to assume, own and 
operate its street car systems. We deny this assertion and will 
appeal to the people to determine the truth of the issue. 

That issue may be crystallized in a few words: "Shall the 
present companies be granted an ordinance, like the so-called tenta- 
tive ordinance adopted by the transportation committee of the city 
council, or any other ordinance under present conditions, or shall 
the city refuse to pass any ordinance of any character to the present 
companies or other companies?" 

We assert that the city is legally and financially able at the 
present time to institute proceedings for the immediate acquisition 
of the present systems, or to build and construct new ones. The 
Mueller law expressly provides that the city may own and, with 
the approval of our citizens, may operate street car systems within 
its corporate limits. That disposes of the legal question, so far as 
to the right to own and operate is concerned. The financial ques- 
tion is as easily disposed of. 

It is said, by the Republican party and the traction press and 
the opponents of municipal ownership and operation, that the city 
has no money at the present time wherewith to purchase or equip a 
street car system. 

It is undoubtedly true that the city of Chicago today is without 
means in the shape of ready cash to acquire or build a street car 
plant. It is also true that -until new legislation can be passed by 
the Legislature, no bonded indebtedness can be created by the city 
for that purpose. But it does not follow, from the fact that the 
city of Chicago has not the ready cash today, and that it has not 
the power under the present conditions, of the law to raise money 
by the issuance of bonds, that the city is unable to raise money to 
acquire the present street car plants or to build new ones. 

Section 2 of the Mueller bill expressly provides in Jones and 
Addingtons' Supplement of 1903, Volume 5, page 555: 

"In lieu of issuing bonds pledging the faith and credit of the 
city, as provided for in section 1 of this act, any city may issue 
and dispose of interest bearing certificates, to be known as 'Street 
railway certificates,' which shall, under no circumstances, be or be- 
come an obligation or liability of the city or payable out of any 



180 DUNNE — JUDGE, MAYOR, GOVERNOR 

general fund thereof, but shall be payable solely out of a specified 
portion of the revenues or income to be derived from the street 
railway property for the acquisition of which they were issued. 
Such certificates shall not be issued and secured on any street- 
railway property in amount in excess of the cost to the city, of 
such property, as hereinbefore provided, and 10 per cent of such 
cost in addition thereto. In order to secure the payment of any 
such street-railway certificates and the interest thereon, the city 
can convey, by way of mortgage or deed of trust, any or all of the 
street-railway property, acquired or to be acquired through the 
issue thereof; which mortgage or deed of trust shall be executed 
in such manner as may be directed by the city council and acknowl- 
edged and recorded in the manner provided by law for the ac- 
knowledgment and recording of mortgages of real estate, and may 
contain such provisions and conditions, not in conflict with the 
provisions of this act, as may be deemed necessary to fully secure 
the payment of the street railway certificates described herein. Any 
such mortgage or deed of trust may carry the grant of privilege or 
right to maintain and operate the street railway property, covered 
thereby, for a period not exceeding twenty years, from and after 
the date such property may come into the possession of any such 
person or corporation as the result of foreclosure proceedings ; which 
privilege or right may fix the rates of fare which the person or cor- 
poration, securing the same as the result of foreclosure proceedings, 
shall be entitled to charge in the operation of said property for a 
period not exceeding twenty years. ' ' 

It will be noted under this section the holders of the street car 
certificates are given three securities : First, the revenues or income 
to be derived from the street railway property, for the acquisition 
of which they were issued, there being no limitation whatever upon 
the period of time during which said revenues may be collected. 
In other words, the city, if it should elect to operate its street ear 
system, has a right to do so in perpetuity, and all the revenues and 
income from the operation of the street car system in perpetuity 
are pledged for the payment of certificates. 

Second. Such certificates are secured by a mortgage or deed 
of trust upon * ' All of the street railway property acquired or to be 
acquired by the city. ' ' In other words, they are secured by all the 
tangible property acquired by the city for the purpose of either 
leasing or operating the same, whether the said property be real or 
personal. 

Third. The certificates are secured by a grant in the mortgage 
or deed of trust of a privilege "or right to maintain and operate 
the street railway property for a period not exceeding twenty 
years, from and after the date such property may have come 



DUNNE JUDGE, MAYOR, GOVERNOR 181 

into the possession of any person or corporation as a result of 
foreclosure proceedings." 

These securities provided by the Mueller bill, as being in the 
power of the city to give as collateral security for the payment 
of street car certificates are much stronger, broader, and more 
effectual than the security hitherto given to the purchaser of 
stocks and bonds of the private companies who have been operat- 
ing street cars in the city of Chicago for the last forty years. The 
stocks and bonds, issued by these companies in the past, have been 
based upon no security, but that of the tangible property owned 
by the road and their expiring franchises. The tangible prop- 
erty in the possession of the city will be as good security as 
the tangible property that hitherto has been in the possession 
of these private companies. 

These franchises, given as security by these private com- 
panies in the past, have been limited franchises which never have 
extended beyond a period of twenty years, except in the case of 
the dubious so-called ninety-nine year act. The right of the city 
to own and operate street cars under the Mueller bill has no 
limitations as to time ; it is therefore much better security than a 
franchise limited to twenty years, or even a franchise limited to 
ninety-nine years, and in so far, as it is unlimited in time, it is 
much stronger than the limited franchises hereinbefore men- 
tioned. 

The third and last form of security given is also much 
stronger and more satisfactory from the financial standpoint than 
the franchises that have hitherto been pledged by the private 
companies, for the reason that the twenty-year franchise which 
can be obtained in the mortgage given by the city of Chicago as 
security for the street car certificate begins, not as in the case of 
the franchises of the private companies at some time in the past, 
but begins, as is expressly provided in the Mueller bill, from the 
date that the property comes into the possession of the person or 
corporation as the result of foreclosure proceedings. 

In other words, the twenty-year franchise begins to run under 
the provision of the Mueller bill from the time that the mortgagee 
gets possession of the property under foreclosure. It will thus 
be seen that the security given by the Mueller bill is much 
stronger and better than the security heretofore given by the 
private companies, as collateral for their stocks and bonds. If 
a twenty-year franchise is good enough security for the present 
company to issue stock and bonds to' reequip and modernize its 
present plant, why is it not as good security in the hands of a 
trustee under a trust deed given by the city to secure street car 
certificates to be used for the same purpose? 



182 DUNNE — JUDGE, MAYOR, GOVERNOR 

In 1883, these companies procured from the city of Chicago 
franchises which ran for twenty years. As is shown by the re- 
port of Bion Arnold to the city council in November, 1902, the 
tangible property of these companies, at the time of said report, 
was worth not to exceed $27,000,000. Notwithstanding this fact, 
these companies issued stocks and bonds which were purchased 
by the public to an aggregate of $117,000,000 or thereabout. The 
difference between $27,000,000 and $117,000,000 is $90,000,000, 
and that is the value placed upon the twenty-year franchise by 
the companies and by the public who invested in these companies. 

No trust company or millionaire endorsed the paper of these 
companies. Stocks and bonds of the Union Traction Company 
and Chicago City Railway Company were signed only by the com- 
panies themselves. If private companies having only the security 
offered by the tangible property and by the twenty-four fran- 
chises can raise $117,000,000 upon $27,000,000 worth of actual 
tangible property, what is to prevent the city of Chicago now on 
much better security as above indicated, raising the same amount 
of money? 

It will not be necessary to raise any such amount. The city 
of Chicago can, today, unless I am most egregiously mistaken, 
not only pay the present companies full value, and more than full 
value, for all the property and franchises that they now own, to 
the last cent, but can reequip and modernize the present broken 
down plants for less than $80,000,000. 

If street certificates, as provided for in the Mueller bill, 
bearing five per cent, or even six per cent, if necessary, are offered 
to the public, I have no doubt whatever, but that even strong 
financial syndicates, who are accustomed to the most careful in- 
vestigation of securities, would snap up these certificates thus 
secured. If local financiers band themselves together for the 
purpose of discrediting this class of securities, I have no doubt 
that the same could be quickly negotiated in the financial centers 
of the world. Moreover, there is today on deposit in the Chicago 
savings banks over $500,000,000, the property of men of moderate 
means, bearing interest at 3 per cent per annum, which, in my 
judgment, will be taken from those banks for the purpose of 
purchasing such securities, bearing five per cent interest, if they 
once were placed upon the market. 

There are other ways, outside of the issuance of the Mueller 
bill certificates, under which the city could provide means for 
the purpose of the present street car system or for the building 
or equipment of new ones. 

If the city were to offer to a syndicate of capitalists a lease 
of the car systems of the city providing the syndicate would 



DUNNE JUDGE, MAYOR, GOVERNOR 183 

provide ready capital for the purchase price of the same, under 
the terms of which lease the syndicate so furnishing such money, 
should retain and operate such roads under lease, by the terms 
of which they should first pay themselves five per cent upon the 
money invested, and, second, provide a sinking fund for the pay- 
ment of the capital invested, and third, pay reasonable compen- 
sation to the managers of the street car system, leased by such 
syndicate while operating the property, and after the payment 
of said liabilities then turn over to the city of Chicago the road 
free and clear from liabilities, I have no reasonable doubt but 
that wise and prudent financiers would regard such a lease, ter- 
minable only at the time when they receive their capital and 
interest at five per cent would be adequate security for the 
investment. 

But, if a syndicate of capitalists would not be willing to do 
this, there is no question in my mind that, if such a lease were 
tendered to a corporation organized for the purpose of leasing 
and operating the street car system of the city of Chicago, under 
such an arrangement upon the understanding that the manage- 
ment of the same was to be placed in the hands of competent rail- 
way men, at decent remuneration, the depositors in the savings 
banks of Chicago, who are drawing but three per cent upon their 
investment, would be very glad to back any company organized 
for such a purpose and under such a management and exchange 
their deposits for stock bearing five per cent interest. 

Under the present condition of the Constitution of this State, 
as amended by a recent constitutional amendment, ample power 
lies in the hands of the Legislature to pass a law enabling the 
city of Chicago to issue bonds to a sufficient sum to pay for the 
acquisition of these street car systems, and under the new charter, 
which we are promised the city of Chicago will be in a position 
to raise sufficient money by the issuance of bonds as is authorized 
by the Mueller bill, provided the people by a referendum authorize 
the issuance of the same. 

Other methods of raising money have been suggested to me. 
However, the discussion of ways and means is premature until a 
price is obtained, at which this property can be bought or acquired 
at condemnation; then will arise for the first time the question 
of the practical means of raising money. There are only two 
things needed to accomplish municipal ownership, and only two : 
first, the determination of the citizens that they wish it, and, 
second, the election of public officials with a disposition, courage 
and virility to carry out the people's will. 

The only objection to municipal ownership, worthy of notice, 
is that it will tend to build up a great political machine, in that 



184 DUNNE — JUDGE, MAYOR, GOVERNOR 

the employes of the road in the municipal operation would be 
placed in positions by the machine politicians, and that the service 
they would give to the public would be guided by the wishes 
of their political sponsors rather than the demands of the public. 

No advocate of municipal ownership is in favor of the owner- 
ship and operation of a street car system by the city without 
stringent provisions for the enforcement of a rigid civil service 
law. If the employes of the municipal system were to be selected, 
as the employes of the present companies are often now selected, 
upon the recommendation of aldermen and others having a politi- 
cal pull, we all recognize that the service rendered by such em- 
ployes would be wholly unsatisfactory. Such an employe being 
amenable only to his political sponsor, would feel independent 
of the public, and would give it insolent, rather than satisfactory, 
service. The hope and aim of the friends of municipal ownership 
is not to put the street car system into politics, but to take the 
street car system out of politics. It is notorious that any alder- 
man or other public official who is on good terms with the trac- 
tion companies of this city, can put his friends to an unlimited 
number into the positions furnished by public service cor- 
porations. 

Friends of municipal ownership demand that, in any ordi- 
nance providing for municipal ownership and operation, there 
shall be a clear, systematic, and rigid civil service provision, and 
that all employes sholl be selected upon a practical examination 
open to all persons alike, and that their selection shall be deter- 
mined solely and exclusively by their capacity to perform the 
work, and not by their political influence. 

Civil service has been instituted within recent years in the 
departments of the city hall, and year by year it has grown in 
popular favor and the officials chosen to enforce the civil service 
law are enforcing the same with greater severity and strictness as 
the years roll by. Today it is impossible under the civil service 
law, as administered under Mayor Harrison, for any politician, 
no matter how vigorous his pull, to place a man upon the police 
department, the fire department, or in the water office. The civil 
service law is being gradually extended to all departments of 
the city government, and in the event that the city should under- 
take to operate the street cars of this city it should at once be 
put in force in the transportation department of the city. 

In that event, the present employes of the traction company, 
from superintendent down to the men who oil the wheels, should 
be placed upon the official roster of city employes and should hold 
their places, irremovable except for cause, upon a fair and im- 
partial trial, had before the civil service board, where both the 



DUNNE — JUDGE, MAYOR, GOVERNOR 185 

accused and his accuser could be brought face to face. Vacancies 
by death, removals or for other causes should be filled only by 
persons who have passed satisfactory examinations under the 
civil service, law, and these examinations should be made prac- 
tical tests of the efficiency of men seeking such positions. The 
civil service law today is a success in the Federal post office, in 
the water office, police department and fire department of the 
city of Chicago, and it can be made, and it must be made, a like 
success in the transportation department of the city government, 
when the government elects, if it so elect, to operate the street 
car systems in the city. 

In conclusion, let me add that, as a friend of municipal own- 
ership and operation, I will exert myself to the utmost to see that 
the civil service laws of this city are preserved in their strength 
and vigor, and shall see that they are vigorously and efficiently 
enforced under my administration. 

Let the citizens of Chicago not be deterred by the hollow, 
false, and insincere objections urged against municipal owner- 
ship and operation by the traction press syndicate. These papers 
stood sponsors for the so-called tentative ordinance last summer, 
an ordinance so vicious and reckless of the interests of the people, 
that they rose in revolt against its passage. 

They stand sponsor now for the Republican candidate and 
platform. Can they be trusted as advisors of the people? In my 
opinion they cannot. If the people would protect their rights 
they must go to the polls en masse on the first Tuesday in April 
and register their solemn protest against the further spoliation 
of their streets, and the further exploitation of the people by 
millionaires of Wall street. 



186 DUNNE — JUDGE, MAYOR, GOVERNOR 



ADMONISHES PARTY LEADERS OF 
THEIR DUTY. 

Address to Party Ward Officers, March 10, 1905. 

Mr. Chairman and Gentlemen: 

When I look over this audience and realize that it is the 
greatest and grandest that I have ever seen gathered for such 
an occasion, I cannot but bear in mind that this is a council of 
war. I know that these men who are gathered here are the gen- 
erals of divisions, the brigadiers, battalion commanders, the col- 
onels, the majors, the captains and the lieutenants of the great 
Democratic army of Chicago, 175,000 strong. You represent the 
rank and file of the party ; you are the leaders of the men in the 
field, and your leaders, the practical men who have spoken to 
you, can tell you what your duties are better than I can. 

For four years I have been trying with what strength and 
ability I have to place this army upon a high plane. Two years 
ago, with the assistance of that grand old man that every Chi- 
cagoan esteems, respects and trusts, the man who first called me 
to your leadership without consulting me, we wrote into the plat- 
form the principle of municipal ownership and operation of the 
traction utilities. This year we have placed the army still higher ; 
we have placed it very near the citadel, and over it waves the 
white banner of truth and sincerity. 

Opposed to us is another great army, as strong or perhaps 
stronger than our own, but it is not on the heights ; it is flounder- 
ing in the morass and is fighting under the black banner of deceit. 
We stand for the right; the Republicans, to their sorrow and 
discomfiture, are in the wrong. We know that the people of Chi- 
cago are as capable and as honest as the people of other cities of 
the world to own and manage their own street car lines, and we 
know that they desire to own them and will do so. 

Outside of either of the great armies, 175,000 strong, is an- 
other force of 50,000 voters that will side with that party which 
is in the right. You, who go among the people and hear the ex- 
pressions of men upon the questions that are involved, you know 
that they are gravitating toward the Democratic ranks, and if 
you, who are Qharged with that work, will go out and get the 
stragglers, the indifferent of our own party, and get their votes, 



DUNNE — JUDGE, MAYOR, GOVERNOR 187 

there is no more doubt of the result of this election than there is 
of your sitting here. 

You know the way in which that may best be done. The 
practical men who have spoken to you have pointed it out better 
than I can. But I want to say this to you of this election : You 
have heard of Hopkins Democrats, of Harrison, Sullivan and other 
varieties. There are no distinctions in this campaign. There are 
no Dunne nor any other man's Democrats, but only municipal 
ownership Democrats. 

If we win this fight, if the people of Chicago give me their 
confidence as you have, I can assure you that it will never be 
abused and that it will not be misplaced. 



188 DUNNE — JUDGE, MAYOR, GOVERNOR 



JUDGE DUNNE SCORES HARLAN PLAN. 

Statement to the Public, March 15, 1905. 

The coming election will probably be the most important 
municipal election that has been held in the United States for at 
least half a century ; important not only in its effect upon the peo- 
ple of Chicago, but in its effect upon every municipality in this 
country. Upon its result depends the question as to whether or 
not American cities are to take the course pursued by European 
and Australasian cities in owning and operating their own street 
car systems, or whether the cities of America shall adhere to the 
mistaken course hitherto followed in farming out the manage- 
ment of their utilities to private capitalists. 

The eyes of the whole American voting world, as well as the 
eyes of the American financial world, are now centered upon 
Chicago. 

By reason of the fact that most of the important franchises 
which have hitherto been granted to private corporations, giving 
them the right to own and operate street cars upon its streets have 
expired, Chicago is placed in the unique position of being called 
upon, before any other great American city, to decide this 
question. 

The gravity and importance of the situation cannot be over- 
estimated. Within the last few weeks the great firm of J. Pier- 
pont Morgan & Co. of New York has, through three authorized 
agents — Marshall Field, P. A, Valentine and John J. Mitchell of 
this city — invested the enormous sum of $25,000,000 for the pur- 
chase of two-thirds of the stock of the Chicago City Railway 
Company. All of the tangible property of that company at a lib- 
eral estimate is not worth over $12,000,000. Yet that great finan- 
cial firm has within the last thirty days paid out, it is reported 
in the papers, $25,000,000 in hard cash for two-thirds of the stock 
of the Chicago City Railway Company. For this immense amount 
of money they have received $8,000,000 worth of tangible prop- 
erty and the mere prospect of obtaining from the citizens of Chi- 
cago an extension on their present franchises. This enormous in- 
vestment must have been made with the expectation of procur- 
ing from the citizens of Chicago an extension of the present fran- 
chise rights of that company. That expectation must be based 



DUNNE — JUDGE, MAYOR, GOVERNOR 189 

upon the conduct to be pursued by the next mayor of Chicago and 
the next city council. J. Pierpont Morgan & Co. must, therefore, 
have made this investment in the belief that either one of the 
great parties of this city will succeed in placing in the mayor's 
chair a man who will favor, and, in the aldermanic chairs, men 
who will vote for an extension of the present expired franchises. 

The people of Chicago must turn to the candidates of the two 
great parties to discover which one of them is likely to gratify the 
expectation of J. Pierpont Morgan & Co. by extending the fran- 
chises of the street railway companies. 

It is exceedingly improbable that either the Prohibition or 
the Socialist party will poll sufficient votes to elect their candi- 
dates. The city of Chicago must, therefore, scan with care and 
caution the platforms of the Republican and the Democratic party 
and the antecedents and character of the candidates nominated by 
these parties to run upon these platforms. 

J. Pierpont ]\Iorgan & Co.'s expectation of an extension of 
franchises must be based upon the Republican platform and the 
Republican candidate or upon the Democratic platform and the 
Democratic candidate. Let us carefully consider then first the 
platforms of the respective parties with relation to the traction 
issue. 

The Republican platform declares for municipal ownership 
and operation "when the city shall be legally and financially able 
successfully to adopt it." The use of these three adverbs in the 
Republican platform leaves the question of time as to when the 
city shall attempt to own and operate in a delightful state of un- 
certainty. Does it mean today, does it mean ten years hence, does 
it mean twenty years hence or a century hence? None can tell. 
It is left absolutely to the judgment of the officials who may be 
elected upon that platform to hereafter answer when that time 
shall come. 

The Republican platform further declares that no extension 
of franchises "should" be given that does not meet the approval 
of the citizens of Chicago. This is simply the declaration of a 
truism. It deliberately refrains from declaring that no franchise 
"shall" or must be given. 

The Democratic platform, on the other hand, declares emphat- 
ically: "We demand that Chicago follow the example of the 
enlightened municipalities of both the old world and the new by 
taking immediate steps to establish municipal ownership and opera- 
tion of the traction service of the city. That the city council, by 
resolution, terminate all negotiations with the street car companies 
for the extension of existing or the granting of new franchises. In 
place of such negotiations that the city government proceed at once 



190 DUNNE — JUDGE, MAYOR, GOVERNOR 

to negotiate with the street railroad companies for the purchase of 
their tangible property and their unexpired lawful franchises for a 
fair, liberal and full price. ' ' 

The Democratic platform in contrast with the Republican plat- 
form is clear, definite and distinct. Following out the mandates 
of that platform, no extension of franchises of any character could 
be given by the city officials elected upon the Democratic ticket to 
either the Chicago City Railway Company or to any other corpo- 
ration. 

This is the clear and plain distinction between the two plat- 
forms. Under the Republican platform an extension can be given 
and, if the Republican candidate is elected, I predict an extension 
will be given. Under the Democratic platform no such extension 
can be given and I promise, if elected, as I will be, that no such 
extension will be given. 

Such being the platforms, let us now examine the records of 
the candidates. Both of us have been before the public for ovet 
twelve years, he in private and I in public station. During this 
campaign I shall indulge in no personalities and I shall endeavor 
to treat my opponent with the fairness and justness to which his 
prominent position before the public for several years past entitles 
him. I shall only discuss his attitude on public questions, as con- 
tained in his own language, upon different occasions and, if I . shall 
find that his attitude and position, as declared from his own lips, 
places him in inconsistent positions, it is for the public to determine 
whether or not he is inconsistent and whether or not he is sincere 
or vacillating in his course. 

On December 12, 1898, the Republican candidate, as he is quoted 
in the Record, one of the papers that is now supporting him most 
energetically, said : ' ' The mayor has committed himself before this 
audience to the principles of municipal ownership twenty years 
hence. Gentlemen, if the people of Chicago want it now — if the 
people want it — then I say it is their property and now is the 
accepted time. I want to say now that, if the Allen law is repealed 
and the present mayor of Chicago, by whose side I am now fighting 
and am glad to fight, annouiices the proposition that he favors a 
twenty-year, or any other franchise, at this time, at any per cent 
of compensation whatever, I shall be as ready to fight with him on 
that proposition," 

This was my opponent's attitude over six years ago. At that 
time the Mueller bill had not been passed and the city of Chicago 
was not legally able to own or operate street cars. He was a lawyer 
at the time and is so now and he must have known, when he made 
that statement, that the law did not empower the city of Chicago to 
own and operate street cars. 



DUNNE — JUDGE, MAYOR, GOVERNOR 191 

The Mueller bill has been passed since then and the city of 
Chicago, under its provisions, is now legally authorized to own and 
operate street cars, the operation dependent, however, upon a refer- 
endum of its citizens. The Republican candidate, since the adoption 
of his platform nearly a month ago, has never once declared for 
immediate municipal ownership in any of his numerous speeches, 
although the city is now authorized by law to own and operate its 
street railway system. He has not once used the word ''Now," 
the insistent word that he used in December, 1898. Why this omis- 
sion? Has he not changed his views most materially? Is it not 
remarkable that a man who declared for immediate municipal own- 
ership, when the law did not empower the city to own or operate, 
should now, when the law does authorize the city to own and oper- 
ate, fail to make a similar demand. I charge that my opponent, 
therefore, becausei of his extraordinary failure to make a demand 
for immediate municipal ownership in his numerous speeches during 
the last few weeks has abandoned the views that he held in 1898. 
That I am not in error in placing this interpretation upon his con- 
duct and his platform is further shown by the views expressed upon 
his platform and his own conduct by his supporters, the newspapers, 
which are championing his cause in this city. 

The Chicago Post, a paper which is most vigorously advocating 
my opponent's election, on February 14, 1905, contained the fol- 
lowing:. "What is needed is a majority of honest, capable alder- 
men who will grant a reasonable franchise for twenty years. We 
can make the best terms with capital by granting the longest term 
possible — namely, twenty years. Every year we clip from that term 
we clip something of greater value from either the compensation to 
the city or the quality of the service to the citizen." 

On March 2, 1905, the Chronicle, which is also supporting the 
candidacy of the Republican candidate, editorially declared: "In 
spite of a good deal of talk about what the people of Chicago may 
do at some time in the remote future, the issue as joined between 
Mr. Harlan and Judge Dunne amounts to the assertion by the 
former that municipal ownership of street railways is impossible 
and to the declaration by the latter that it is not only possible but 
desirable and that steps to that end should be taken at once. 

"Mr. Harlan pronounces immediate municipal ownership an 
impossibility and shows that, even if it were desirable, to adopt that 
policy the city is not now and will not be for years to come in a 
position to do so. * * * His assertion that such a thing is now 
an impossibility is literally true and it practically puts him in oppo- 
sition to the lunatic proposition which Democrats and Socialists have 
brought forward. * * * Mr. Harlan 's lucid and convincing argu- 
ment, showing the impossibility of immediate municipal ownership 
not only sweeps away a humbug * * *." 



192 DUXXE — JUDGE, MAYOR, GOVERNOR 

This is the position taken by the Chronicle interpreting my 
opponent's position, and I would have it remembered that this is 
the interpretation placed npon his conduct by one of his friends. 

On March 26, 1905, the Chronicle further states: "Mr. Har- 
lan's program, on the other hand, is one of reason and soberness. 
He expects and means to compel immediate and active negotiations 
for an equitable franchise ordinance with the traction companies. 
* * * 'I will say for myself,' he says, 'that before long, after the 
election is over, there will be submitted to you a concrete plan for 
the settlement of this question.' * * * No solution will be ac- 
cepted, which does not make effective and genuine provision for 
municipal ownership and operation when the city shall be legally 
and financially and successfully able to adopt it. If, as many think, 
that time will never come then the time will never come when 
Mr. Harlan will advocate municipal ownership." 

Here we have a clear, succinct statement of my opponent's posi- 
tion, as interpreted by a newspaper owned and controlled by a man 
with whom the Republican candidate, I am informed, has been in 
recent conference quite frequently. If my opponent's friends and 
advocates so construe his position, what further need is there for me 
to inquire as to what course he will pursue if he should be elected 
mayor. 

I charge, therefore, upon the authority of the Republican plat- 
form, upon the authority of statements made and failed to be made 
by the Republican candidate, and upon the interpretation placed 
upon his conduct by his own supporters, that, if elected mayor of 
the city of Chicago, he will be in favor of an extension of the fran- 
chises of the present companies. In further support of this charge 
I would call the attention of the people of this city to the fact, that, 
when the so-called tentative ordinance, formulated by the committee 
on transportation of the city council was brought up for passage 
last summer, the Daily News, Record-Herald, Tribune, Post and 
Chronicle, all of which are now ardent supporters of my opponent, 
were then advocating in a most strenuous manner its passage. 

This ordinance was so unfair and so unjust to the people of this 
city that, at the call of two men in this community and two news- 
papers, much abused by the Republican candidate, 134,000 voters 
of this community rose in open revolt against its passage and at- 
tained their object by a monster referendum petition. 

In contrast with my opponent 's position, I have but to say that 
for years, in season and out of season, I have been advocating the 
cause of municipal ownership ; that I have always maintained that 
the city of Chicago, since the passage of the Mueller bill, was in a 
position legally and financially to own and operate its street car 
systems successfully; that last summer without conference with 



DUNNE — JUDGE, MAYOR, GOVERNOR 193 

Judge Tuley or any other citizen, I openly opposed in a public 
speech the passage of this unfair and iniquitous tentative ordinance 
and did everything in my power to prevent its passage, and it was 
largely due to the efforts of Judge Tuley and myself and the Hearst 
newspapers that we succeeded in stopping its passage. And yet my 
opponent with pretended gravity charges me with being opposed to 
a referendum. 

I was largely instrumental in drawing the Democratic platform 
and succeeded in placing in that platform the following plank : 

' ' We believe in the principle of the referendum upon all impor- 
tant questions and demand the proper legislation to make it binding 
upon all public servants, thus carrying out the will of the voters 
of this city twice expressed at the polls." 

My opponent ignores the existence of this plank in the plat- 
form and charges upon me and the Democratic platform that we are 
trying to evade a referendum. 

Again he declares that I am committed to a policy of paying 
$80,000,000 to the present companies for their property, which he 
terms "junk." The Republican candidate had before him my 
speech of acceptance when he made this charge, and he knew at the 
time that what I said was as follows : "If private companies, hav- 
ing only the security offered by the tangible property and by the 
twenty-year franchises, can raise $117,000,000 upon $27,000,000 
worth of actual tangible property, what is to prevent the city of 
Chicago now, on much better security, as above indicated, raising 
the same amount of money?" 

"It will not be necessary to raise any such amount. The city 
of Chicago can today, unless I am most egregiously mistaken, not 
only pay the present companies full value for all the property and 
franchises they now own to the last cent, but can reequip and 
modernize the present broken-down plants for less than $80,000,- 
000." My opponent knew that, in making this statement, I cov- 
ered not only the tangible and intangible property of the present 
roads, but also the cost of reequipment and modernization. He 
must have known that the present companies, in argument before 
the people of this community for an extension of their franchises, 
have claimed that it would be necessary to expend $50,000,000 in 
reequipment and modernization of these roads. He mvTst have 
known that Bion Arnold reported to the city council that their 
tangible property was worth in the neighborhood of $27,000,000, 
and he must have known that they have some unexpired franchises 
which, if purchased or taken from them by condemnation, must be 
paid for. If you will add $27,000,000 to $50,000,000, which it has 
been claimed is necessary for the modernization of the plants, the 
result is $77,000,000, leaving a margin of but $3,000,000 to pay for 
the intangible property, to wit, the unexpired franchises. 

—7 



194 * DUNNE — JUDGE, MAYOR, GOVERNOR 

In the discussion had before the local transportation committee 
of the city council, it was contended on behalf of the Chicago City 
Railway company that it would take $15,000,000 to rehabilitate 
and modernize that plant alone. The north and west side companies 
carry more than twice the number of passengers carried by the 
Chicago City Railway Company, and, if it would take $15,000,000 
to reequip and modernize the south side system, it would take at 
least $30,000,000 to rehabilitate and modernize the north and west 
side systems. If it takes $45,000,000 to modernize and we add the 
$45,000,000 to the $27,000,000, the value of the tangible property, 
it will make $72,000,000— leaving a margin of only $8,000,000 as 
the value of the intangible property, to-wit — the unexpired fran- 
chises. I have not had the benefit of advice from expert railway 
engineers in arriving at these figures. It may cost less and it may 
cost more to rehabilitate and modernize these plants. In all prob- 
ability it will cost much less than the amount claimed by these 
companies. I used the statement "less than $80,000,000" in order to 
fix what I believed at the time, without the benefit of expert testi- 
mony, would be an outside figure. And yet, in view of this state- 
ment of mine, culled from my speech to the Democratic convention, 
the Republican candidate says that I am ready, on behalf of the 
city of Chicago, to pay $80,000,000 to these roads for their worn- 
out and antiquated tangible property. I leave the justness of his 
criticism to the determination of my fair-minded fellow citizens. 

Now, fellow citizens, when J. Pierpont Morgan & Co. expended 
$25,000,000 for the purchase of $8,000,000 worth of tangible prop- 
erty they did not rely upon obtaining any extension of franchises 
from the city of Chicago either from the Democratic administration 
or myself. They must have relied upon the platform and person- 
ality of some other party and some other candidate. 

To test this issue as between the Democratic and Republican 
parties and between myself and my distinguished opponent, I now 
ask him to declare, as the representative of the Republican party, 
whether or not he is in favor of the so-called tentative ordinance as 
adopted by the local transportation committee of the city council 
and recommended to the people by the four Republican members 
of that committee, Aldermen Bennett, Foreman, Raymer and 
Hunter, three of whom are now seeking reelection upon the same 
ticket with himself. Let him squarely answer the people of this 
city whether or not, if elected, he will be in favor of the so-called 
tentative ordinance or any ordinance of like character. 

One word more and I have done. It has been claimed that 
municipal ownership would increase taxes, should the city take over 
the street car lines, acquiring a full ownership of them by the 
issuance of street car certificates. It would not cost the general 



DUNNE — JUDGE, MAYOR, GOVERNOR (l^f 

taxpayers of Chicago one cent. It would in no wise increase the 
tax burdens of the people of Chicago. More than $5,000,000 have 
been diverted from the earnings of the municipal water department 
to pay for sewers. In this way the general taxes of the people have 
been reduced $5,000,000 by reason of the fact that the city has 
municipal ownership of its waterworks. 

The cost of the street car lines acquired under municipal owner- 
ship would be met by the issuance of street railway certificates, 
which would be a burden upon the street car lines and upon noth- 
ing else whatever. It never could in any possible way operate to 
increase the taxes of the people. 



196 DUNNE — JUDGE, MAYOR, GOVERNOR 



FIRST INAUGURAL ADDRESS AS 
MAYOR. 

To THE Chicago City Council, April, 1905. 

Gentlemen of the City Council: 

It is usual to deliver what is called an inaugural address on 
these occasions. I forbear in view of the fact that my inaugural 
has been framed by the people of Chicago. The issues crystallized 
in the platform on which I was elected is the policy I have elected to 
carry out. 

I shall use all the ability and industry with which my Maker 
has endowed me to carry out this platform of the city of Chicago. 
And I want tO thank you, gentlemen, for the disposition you have 
already shown to aid by holding up my hands. 

I shall try to act with the same impartiality for which you 
have just commended the retiring mayor. If I shall deserve the 
same vote of thanks you have just given him, and if I succeed in 
carrying out the will of the people of Chicago, I shall retire at the 
end of my two years' term well satisfied. 



DUNNE JUDGE, MAYOR, GOVERNOR 197 



CHICAGO'S FIGHT FOR MUNICIPAL 
OWNERSHIP. 

Address before the New York Municipal Ownership League, 

April 7, 1905. 

Men of the East: we bring you tidings of great joy from the 
men of the West. The exploitation of public property by private 
capital, with its attendant greed, extortion and corruption, has 
had its day in American cities, but that day is about to end. 

Fully half a century ago, the citizens of Chicago drove from 
control of our water system the private capitalists who were then 
plundering the public. Ten years ago they dislodged the coterie 
of private capitalists who were exploiting our streets for the sale 
of electric light to the city. Next Monday, Chicago starts upon 
her mission of dislodging private capital from the control of our 
street car system. 

She has succeeded in the operation of her waterworks system 
in paying some $38,000,000 for the equipment of that plant, has 
loaned $5,000,000 from that department to the sewer system, is 
today giving the cheapest water of probably any city in America 
and has a cash surplus of nearly $1,000,000. 

She has so managed her electric light plant that she has re- 
duced the cost of arc lamps from $125, charged by private com- 
panies to the city, when she first constructed the plant, to about 
$54 per arc lamp per annum. She is operating and has been 
operating both departments, as well as her police, fire and edu- 
cational departments, without scandal, graft or corruption, besides 
cheapening the cost of utilities that she is furnishing to the public. 
She will have the same record of success in relation to her street 
car system. 

You men of New York may surpass us in wealth, and, it may 
be, in culture, but Chicago, in our judgment, is the nerve center 
of America and the leader in economic thought and action. 

Chicago is the only city in America that has declared by an 
overwhelming majority in favor of the municipalization of her 
street car system, and what Chicago wills she does. 

The history of the struggle for this achievement is interest- 
ing. It commenced ten years ago. Private capitalists who had 
possession of our streets at that time, not content with the fran- 



198 DUNNE — JUDGE, MAYOR, GOVERNOR 

chises they had already and which were limited by law to twenty 
years, went to the State Capitol, and, by the most shameless and 
notorious corruption, induced the Legislature to permit the grant 
of fifty-year franchises. The people were taken unaware ; the 
law was passed before the people discovered its dangerous fea- 
tures. But the public spirit of Chicago at once revolted and 
before the private capitalists, who were then in possession of her 
streets, could have an ordinance passed in the city council, pur- 
suant to the terms of the act passed by the Legislature, the people 
were upon their feet with fire in their eyes and determination in 
their faces. 

The very next Legislature, composed of men who were largely 
the same men that composed the former Legislature, was com- 
pelled to repeal this infamous law. From that time to this, thfi 
people oi Chicago on one side and the capitalists, who were in 
charge of this business on the other, have been in a life and death 
struggle for the possession of our streets. 

It has required the utmost watchfulness on the part of the 
people, during all this period, to prevent the passage of a law 
or ordinance by which the city streets would have been locked 
up for another period of twenty years. Only last August, by a 
combination of politicians belonging to both of the political par- 
ties, an arrangement was made in the common council, by which 
a twenty-year franchise was to be granted to the present traction 
companies ; but at the call of a few public spirited citizens and 
newspapers, the people rolled up a mighty petition of protest, 
signed by 134,000 men of Chicago. This protest was got together 
inside of twenty days and filed with the election commissioners, 
as a protest against the continued exploitation of the streets of 
Chicago by private capital. 

During the election, .iust closed, a crafty attempt was made 
by the private capitalists, in control of Chicago streets, to have 
the platforms of both parties so constructed as to permit the pas- 
sage of an ordinance extending the franchise of the private com- 
panies. The candidates were to be selected from among persons 
who were known to be willing to grant some sort of extension but 
this design having become apparent, Judge Murray P. Tuley. the 
grand old man of Chicago, one of the most disinterested and re 
spected citizens of our city, issued an alarm call and pointed out 
10 the citizens that the only way this scheme could be defeated 
would be to unite upon someone who would command tho con- 
fidence of the citizens of Chicago, and who believed in the munici- 
pal operation of public utilities as against private franchise 
grants. The people responded enthusiastically to his call and as 



DUNNE — JUDGE, MAYOR, GOVERNOR 199 

the result of a chain of circumstances that choice devolved upon 
myself. 

The citizens of Chicago have been educated up to the fact 
that a municipality can operate any of the public utilities with 
much greater satisfaction to the people than can the same utili- 
ties be operated by private capitalists. They have learned, wher- 
ever a city in any portion of the civilized world has taken over 
the operation of its waterworks, gas plant, electric light plant or 
street railway system, that in every case, when fairly tried, the 
cost of these utilities to the public has been reduced, the wages of 
the men who operate them have been increased, the hours have 
been reduced and more efficient service has been rendered. 

People in Chicago know that gas is being manufactured by 
municipalities in Great Britain and is being furnished to citizens 
for about one-half the rate paid in Chicago. They know that gas 
is sold to the citizens of Glasgow, Scotland, for instance, for 52 
cents, while under private management previously the charge 
was a dollar per thousand feet. 

They know that no cit}^ that has taken over its street car 
system has ever reverted to private ownership. They know that 
all over America, where private ownership of street car systems 
prevails, the charge for fare is 5 cents, while in Glasgow lyg 
cents is the average fare paid. In Europe, where municipalities 
are operating street car systems, the fare varies from 2 to 3 cents 
per ride. 

They have heard discussed all the objections against munici- 
pal ownership in America, and after the fullest discussion they 
find that these objections are untenable and unfounded. 

It may be wise for me to discuss briefly before you citizens 
of New York, the only two serious objections raised during the 
recent struggle in Chicago against public ownership and opera- 
tion of public utilities : 

First, that it would tend to build up a great political machine. 
None of the friends of municipal ownership in Chicago or else- 
where advocates the ownership and operation of any utility by 
municipalities, unless in connection therewith there is a civil ser- 
vice law under which all applicants for positions, irrespective of 
their politics, will be treated exactly alike and under which just 
and reasonable tests will be applied to public servants to ascer- 
tain their fitness to perform the work entailed upon them. 

We have such a law in the city of Chicago, under which, for 
several years past, it has been practically impossible for any man 
to place a friend upon the police department, fire department, or 
water department. 



200 DUNNE JUDGE, MAYOR, GOVERNOR 

Where there is a public utility, controlled by private capital 
in the city of Chicago, any alderman w^ho votes "right" has an 
unlimited field in which he can anchor his political henchmen. 

The only other serious objection, urged in Chicago against 
the operation by the public of its own utilities, was that the muni- 
cipality has no money. That cry is always raised everywhere, 
and I presume it will be raised in New York when you start, as I 
understand you have under contemplation the operation of 3'our 
municipal lighting plant. There is no force whatever in the 
objection. The operation of these utilities, either by public or 
private persons, is a valuable privilege. They can only be op- 
erated by permission being given to someone to use the public 
streets. The privilege is of priceless value, and when any public 
or private corporation furnishes light, furnishes power, furnishes 
street railway transportation, or any of these utilities the right 
to use the streets is of untold wealth to these. 

We in Chicago propose to raise all the money necessary to 
purchase an up-to-date street car system upon certificates which 
are special or limited promises to pay out of the income collected 
from the system. They are not general promises to pay which 
will entail taxation. 

Under the law of the State of Illinois, these certificates are 
termed street car certificates. They should more properly be 
called income bonds. They are secured under our law in three 
ways : 

First. By the pledge of all the income of the municipal street 
railway plant, this income being unlimited as to time ; in other 
words, when the city of Chicago commences the operation of its 
street car system, its right to do so is not limited to twenty, thirty, 
fifty or a hundred years time ; it may operate until the crack of 
doom, and all its receipts in perpetuity from this source are 
pledged for the attainment of these securities. 

Second. These certificates are secured, under our law, by a 
mortgage, wdiich mortgage conveys all of the tangible property 
in the transportation department of the city, both real, personal 
and mixed, power houses, railway tracks, sprinkling carts, and 
every kind of property used in the transportation department. 

Third. These certificates are secured by twenty-year franchise ; 
in other words, there is a provision in the law, under which, if 
default be made in the payment of street car certificates, or of 
interest thereon, for the period of one year, then in that case the 
holders of the certificates may apply to a court of chancery to 
foreclose all of the tangible property used by the city in its trans- 
portation department, and, at the foreclosure sale, there shall be 
knocked down to the bidder, the franchise commencing to run 



DUNNE JUDGE, MAYOR, GOVERNOR 201 

upon the date when the purchaser buys the property, and run- 
ning twenty years thereafter. 

Private companies in the past have been able to sell stocks 
and bonds aggregating in value $117,000,000, when their tangible 
property was worth less than $27,000,000. If they could raise 
four times the value of the tangible property upon an expiring 
franchise, can any sensible man for a moment hesitate as to what 
amount of money the city of Chicago can raise upon the security 
hereinbefore mentioned ? 

I have no hesitation in predicting that, if these street car cer 
tificates, secured in this manner, are offered upon the financial 
market, the financial syndicates of this Nation will be tumbling 
over each other to get possession of these securities, and even if 
the financial powers should be combined together to discredit 
them, the citizens of Chicago have three or four times as much 
money as may be necessary to purchase, reequip and modernize 
all the plants of their city, deposited in the savings banks of the 
city of Chicago, drawing three per cent interest and having no 
other security than their faith and the credit of the banks. 

These savings banks depositors, if they are offered these 
street car certificates, secured as I have detailed, will be very glad 
to take their moneys from the savings bank, where they are ob- 
taining only three per cent, and invest them in street car certi- 
ficates, signed by the mayor and comptroller of the city of Chicago 
and secured by a mortgage and a twenty-year franchise. 

As to the legality of these certificates, in my judgment, there 
is no possible doubt. Some of the best lawyers of the city of 
Chicago have already declared in favor of their validity, and we 
can have a test case made which will reach the Supreme Court of 
the State inside of three or four months which will forever set 
at rest the question of legality. 

The operation of public utilities by municipalities is no un- 
tried theory. It is in practical operation, as to street cars, in 
146 great cities in Great Britain, in Berlin, in Vienna, in Buda- 
pest, in Paris, in the cities of Belgium and Switzerland, and in the 
cities of Australia. 

"Where it has been put in operation with reference to street 
cars it has brought about these results : 

First. The reduction of the street railway fares. 

Second. The increase of the wages paid to the laborers em- 
ployed in the department. 

Third. The reduction of working hours. 

Fourth. Increased efficiency in the service accorded to the 
public. 



202 DUNNE — JUDGE, MAYOR, GOVERNOR 

Fifth. The abolition of strikes. Where cities run their own 
street cars no strikes result. It is like the operation of the 
police and fire departments in your city. Have you ever heard of 
a strike among policemen or among firemen? They don't strike, 
because, if they have well founded grievances, the public is rea- 
sonable enough, through its constituted authorities, to remove 
these grievances. If these grievances are ill founded, public senti- 
ment is against them and there is no strike. Municipalities enter 
upon these undertakings, not for the sole purpose of making 
money, but for the purpose of giving good service to their citizens 
and good treatment towards their employes. 

Sixth. Wherever a municipality has taken over a public utility, 
as to this utility, corruption and bribery cease. There is no 
motive for the corruption of an alderman in case of a utility oper- 
ated by the public. 

The operation of public utilities by private capitalists has been 
the source of all the scandal, corruption and disgrace, which have 
fallen upon the Legislatures and common councils of the State of 
Illinois. If these results have been secured in the cities of Europe 
and Australia, why cannot they be secured in the cities of New 
York and Chicago and the other cities of America? 

The citizens of this country are just as honest, just as capa- 
ble, just as Avell educated and just as safe to be trusted with the 
management of their ow^n utilities as the citizens of those coun- 
tries. The men or party who charge the citizens of Chicago or 
of New York with being so inefficient, incapable or dishonest as 
to be unable to own and operate their own utilities, frame an 
indictment against the citizens of these communities which our 
people will answer at the polls with a verdict of "not guilty". 

The movement in favor of municipal ownership of all public 
utilities has taken deep root among intelligent people of this 
country. It is no passing sentiment. It is here to stay. Munici- 
pal ownership and operation of these utilities and governmental 
ownership of the railroads, telegraphs and express transportation 
is a practical question upon which the people must pass within a 
very short time. And the politicians and parties who ignore this 
sentiment must be prepared for a short lived career before the 
people. 

We in Chicago have no fear as to the results of municipal 
ownership. We are confident that the will of the people can be 
carried into effect and that, too, without the imposition of a 
single dollar's worth of taxes, and we say to you men of New 
York that you can, by the exercise of the same determination, 
bring about municipal ownership in your city of any public utility 



DUNNE — JUDGE, MAYOR, GOVERNOR 203 

that you may desire furnished by the people of your city without 
an increase of taxation upon your citizens. 

I congratulate the Municipal Ownership Association of New 
York and the men who now surround me upon this stage and in 
this audience upon being pioneers in this movement in the city of 
New York, and I hope that as great success will attend your 
efforts as have attended the efforts of the people of Chicago. I 
do not doubt that the men of New York can and will move for- 
ward in the same w^ay as the people of Chicago. I feel assured 
of this when I see the movement here has enlisted in its ranks 
such men as J. G. Phelps Stokes, Judge Samuel Seabury, Thomas 
Gilleran, C. A. Habiland, Nelson G. Palliser, Judge Palmeri and 
the distinguished journalist, Congressman William Randolph 
Hearst, without whose services to the people of Chicago in this 
fight we could not have achieved such early success. 

I may be pardoned for uttering a word of advice to the people 
of New York. I would urge upon you to go forward unhesitat- 
ingly and without deviation from the course marked out for your 
civic progress by the splendid organization that called together 
this evening this magnificent assemblage of the citizenry of New 
York. 



204 DUNNE — JUDGE, MAYOR, GOVERNOR 



UPON A SHARP REVERSAL OF PUBLIC 

POSITION. 

Address at Jefferson Day Banquet, ChiCxVgo, April 14, 1905. 

Mr. Toastmaster and Gentlemen: 

In the November election, President Roosevelt received in the 
city of Chicago a plurality of nearly 110,000 votes. Five months 
thereafter a Democratic candidate for mayor carried the city by 
nearly 25,000 plurality. This wonderful change in public sentiment 
within so short a time is pregnant with importance. 

In the Presidential election, the personality of the candidates 
had much to do with influencing the popular vote. In the mayor- 
alty election the personality of the candidates may have had some- 
thing to do with the popular. vote. But above the personalities and 
far beyond them were the principles involved, as no such change 
could have been brought about by the mere personalities of the 
candidates. 

President Roosevelt carried the city of Chicago because the 
people of this city believed that the platform upon which his oppo- 
nent stood was a mere string of meaningless phrases and because 
they further believed that the Democratic party last fall was not 
standing for principles enunciated for the real benefit of the people. 
On the contrary, the people of this community on the 4tli of April 
believed that the Democratic party had framed a platform which 
stood for principles and that those principles did alfect and con- 
cerned materially the interests of the citizens of Chicago. 

The Democratic party won in the spring election, because its 
platform plainly, clearly and truthfully declared for principles 
which were for the best interests of the people. It lost last fall, 
because its platform was a compromise and because the people be- 
lieved that it dealt in platitudes rather than principles. 

The results of these two elections should teach the lesson to 
the men who stand high in the councils of Democracy that evasion, 
insincerity and retrogression should have no place in the plat- 
forms of the Democratic party. The party must take and hold 
to advanced positions. It must keep pace with the march of 
events. It must declare against monopoly in any and all forms, 
against special privilege in every guise. 



DUNNE — JUDGE, MAYOR, GOVERNOR 



205 



Jefferson, in his lifetime, stood for equal rights to all and 
special privileges to none, and, if Jefferson were in the flesh today, 
he would be standing against special privileges given to great cor- 
porations whose money is contributed by private capitalists that 
have seized and taken possession of the railroads, the telegraph 
and the express transportation of the Nation, of the telephones, 
electric light plants, waterworks, gas plants and street car systems 
of our cities. 

Private corporations have seized and taken possession of these 
means of 'transportation and the conveyance of information, light 
and power, all of them monopolies requiring the use of public prop- 
erty. By possession of these monopolies they have been despoiling: 
and plundering the people of this country. 

The people have at last awoke to the fact that such monopolies; 
are unfair, iniquitous and dangerous to the Republic. And the blow- 
struck in Chicago will be followed by blows of like character 
throughout the cities of the United States. It will also be followed, 
in my humble judgment, if the Democratic party is wise and pru- 
dent and incorporates in its next platform a ringing declaration in 
favor of Government ownership of interstate railroads, telegraphs 
and express transportation, by a decisive victory in favor of the 
common people of this country. 

Aggressive Democracy is in the saddle and, if it remains ag- 
gressive, it will carry the country. If the Democratic platform 
contains one plank in favor of Government ownership of interstate 
railroads, telegraphs and express companies, and another in favor 
of the abolition of the protective tariff, I have no doubt but that it 
will win. 

If the protective tariff be abolished and the Government takes 
possession of the means of transportation of conveyance, of freight, 
express packages, and information, every dangerous trust in Amer- 
ica will die a natural death in five years. 



206 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE STORY OF THE STREET CAR 
COMPANIES OF CHICAGO. 

Interview with J. J. McAulipfe, St. Louis Post-Dispatch, 
April 15, 1905. 

"Now that the fight for municipal ownership has been won, 
how will you proceed to get control of Chicago's great street car 
system ? ' ' 

Elected on a platform committed to the immediate carrying out 
of this idea — an idea, by the way, which contemplates turning a 
private monopoly of $117,000,000 capital into an asset of the 
people — Judge Edward F. Dunne, new mayor of Chicago, pondered 
the question a moment and then calmly and with characteristic 
simplicity answered : 

* ' Chicago will go about this matter just as would an individual, 
seeking to recover his own property, which for some reason or other 
has temporarily gotten beyond his possession. 

"But there is this difference: The municipality, the State and 
the Government of the Nation itself can go further than the pri- 
vate claimant. 

"At the 1903 session of the Illinois General Assembly, the 
people succeeded, in spite of open opposition and secret intrigue, 
in spite of the plotting of boodlers and the scheming of traction 
interests, in having a bill passed, under the terms of which, for the 
first time in the history of this State, municipalities were empowered 
to own and operate street cars. This bill is popularly known as the 
Mueller bill. 

"This bill having been approved by the voters of Chicago, it 
enables the city to acquire street car systems by the institution of 
condemnation proceedings. 

"In other words, it empowers the city which desires to own 
and operate public utilities to condemn the property and fran- 
chises of public utilities and under the right of 'eminent domain' 
hale them into court and compel them to surrender their property 
at its true cash value. 

"Such is the plan, by which Chicago cannot fail to come into 
possession, not only of her street railway lines, but eventually, 
of all telephone, electric light and gas companies and other utili- 
ties of a semi-public nature. 



DUNNE JUDGE, MAYOR, GOVERNOR 207 

"The problem," continued Judge Dunne, wheeling in his 
chair, and stopping to sign a fresh batch of letters, acknowledg- 
ing congratulatory messages, of which he has received thousands 
from all parts of the United States and many from the other 
side of the ocean on his victory of April 4, "is simplicity itself. 

"The details, of course, are intricate and necessarily will 
require some time to be worked to perfection. 

"But success is bound to be realized. There never was a 
contest waged by an earnest people that the people did not win. ' ' 

The telephone rang and the mayor leaned over his desk to 
answer it. 

When he had gotten back into a comfortable position, the 
door leading from the general reception room opened and three 
aldermen entered. The mayor welcomed them cordially. 

Most of the assemblymen are in sympathy with the admin- 
istration public ownership plans, a striking contrast to conditions 
here a few years ago, when 8,000 citizens marched with ropes to 
the city hall to lynch a faithless lot of public servants who threat- 
ened to pass over Mayor Harrison's veto a fifty-year street car 
franchise bill. 

"You will take your first step when?" 

"That has already been done," responded the mayor. "En- 
gineers are now at work drawing up plans for a complete mu- 
nicipal street car system. When these are completed we will ad- 
vertise for bids on construction and road equipment. 

"Most of the present companies are depending upon an old 
legislative grant, known as 'the 99 year act,' passed by the Legis- 
lature in 1865, to sustain the right of their contention to do busi- 
ness at the old stand. The city challenges this claim. The 
Federal Court, where receivership proceedings are pending, has 
decided this act is constitutional, but has so far held that it ap- 
plies only to a small part of the Union Traction Company. 

"Until the courts fully and permanently dispose of that 
question, we will not attempt to say that the franchises affected 
have expired. 

"What we will do is this," and the mayor slapped his knee 
with his hand to emphasize the remark, "is to begin operations 
where we are certain there will be no obstacles thrown in our 
way. 

"There is no doubt of the expiration of the franchise on 
the Adams Street line and the absolute right of Chicago to take it 
out of the hands of the present management. 

"This line begins at State and Adams Streets, in the heart 
of the business section, and extends westwardly, intersecting the 
city from the east and west, a distance of about eight miles. 



208 DUNNE JUDGE, MAYOR, GOVERNOR 

"We will use this right-of-way for a trunk line and build 
to it with branches from the north and south side of the city. In 
some cases we will parallel the old companies, which we expect 
will be willing to agree on terms of sale before their new com- 
petitor is able to get in the field." 

The Adams Street line, which is a part of the Chicago Street 
Railway Company, the only solvent street car corporation here, 
is almost identical in length and locality with the St. Louis 
Easton line. 

The Easton line runs from Fourth Street directly west to the 
city limits, through a thickly populated district. It could be 
made the basis for terminal lines to north and south St. Louis, 
as it is virtually now, at Jefferson Avenue, Grand Avenue, Eigh- 
teenth Street, Vandeventer Avenue, Taylor Avenue, Sixth Street, 
Fourth Street, Broadway and other intersecting transfer points. 
In like manner the Adams Street line is crossed by others oper- 
ating to the extreme north and south side of Chicago. For the 
most part the franchises governing these branch lines are now in 
litigation. 

"When our experts have figured out the total cost of the 
enterprise, and we think we will be able to show that street car 
building is comparatively cheap," said the mayor, "we will sub- 
mit our plans and specifications to the people at the election next 
November. 

"Under the law^ they will require for ratification a three- 
fifths vote, but there will be no trouble about this. The people 
have already decided by an overwhelming vote what they want 
and they will not be patient until they own their own public 
utilities." 

In speech, in manner, in dress and in action Judge Dunne — 
he prefers the old title of judge, which has clung to him so long, 
to that of mayor — is every inch a Democrat. 

I was impressed with his earnestness, just as I was convinced 
that his makeup is free from taint of demagogy. 

He is not a theorist, not a millenium dreamer, not a self- 
conscious reformer, but a man of heart, of brain, of courage, of 
conviction and resolution. 

He was not prepared for my interview, but he took up each 
question and answered it more readily than the ordinary man, 
who usually asks time to "think it over." 

It was my good fortune to see the mayor in the role of peace- 
maker between labor and capital. 

He was seated at his desk and around him were gathered 
the representatives of Chicago's tremendous and diversified 
interests. 



DUNNE — JUDGE, MAYOR, GOVERNOR 209 

The twelve men stood before Chicago's mayor, asking him to 
use his good offices to settle a strike of teamsters, which arose 
from differences between the firm of Montgomery Ward & Co. 
and its employes, over the question of the former employing non- 
union labor in a certain department. The men possessed nearly 
one billion dollars of this world's goods. 

On the other hand was a labor union with no funds and 
nothing save the brawn and skill of its members to float its 
fortunes. 

Earlier in the day Judge Dunne had heard labor's side. 
"We will consent to have you appoint an arbitrator to settle 
the differences," they told the Mayor. At the last conference 
Montgomery Ward & Co. were not represented. 

But a sympathetic walk-out was threatened and the men of 
millions had come to the mayor to seek a way out of the impend- 
ing trouble. 

"I think the best solution of this whole thing, gentlemen," 
said the executive, "is for you gentlemen to exercise what influ- 
ence you can on Montgomery Ward & Co. That is where the 
trouble originated." 

But the employers couldn't see things this way. They in- 
sisted they had aio right to interfere in the other strike at all ; 
they were merely looking out for their own interests and 
thought the mayor should intervene to prevent a strike. 

"I can not do that. Strikes are legal. Men can stop work 
whenever they want. ' ' 

"But these men are unjust in their demands," said the repre- 
sentative of Marshall Field & Co. 

"And so the union men say of you, gentlemen," persisted 
Judge Dunne. 

"Peace and good order will be preserved, but that is as far 
as I can legally go. 

"If one of you lived next door to a neighbor who was con- 
tinually quarreling with his wife, and that quarrel extended to 
your own premises and threatened to embroil the neighborhood, 
wouldn't you try to have it stopped? 

"The situation so far as Montgomery Ward & Co. is con- 
cerned, is an exact parallel." 

Through the interview the best of good feeling prevailed and 
the Dunne wit put the employers in fine humor. When finally 

they left it was with the assurance they would do all they could 
to induce the firm mostly affected by the strike to consent to 
arbitration. 

Judge Dunne is 51 years old. He is a native of Connecticut. 
In the new executive of the second city of America, the unruffled 



210 DUNNE JUDGE, MAYOR, GOVERNOR 

judicial temperament is pleasantly harmonized by a disposition 
that seems to get all the joy there is out of life. 

The breadth of his intellectual preception is measured by his 
eminent record as a jurist, his public addresses on economic prob- 
lems and his fine grasp of municipal affairs. 

His nearness to the heart of the people is certified by the 
fact that, in every election, from the time he made his first race 
for circuit judge of Cook County, thirteen years ago, down to the 
mayorality election, when he defeated his Republican opponent, 
John M. Harlan, son of the United States Supreme Court Justice, 
he has run ahead of his associates on the Democratic ticket. 

There is something imposing in the Dunne face. It is at once 
an expression of gentleness and determination. The head is 
square, almost perfectly so, and sets well on broad, muscular ap- 
pearing shoulders. An almost ruddy complexion is matched by 
light brown penetrating eyes. 

Judge Dunne's usual garb is a black frock coat, in no sense 
a sartorial masterpiece. 

Instead of the conventional black tie of the statesman or 
jurist, he sports a wine-colored affair that is made into a neat bow. 
Just below is a small stone that illuminates a wide expanse of 
shirt bosom. 

The ambition and pride of Chicago's new mayor may be 
gauged from the half serious, half joking remark made to a friend 
the other day after the election : 

"When I die," said the judge, "I want this inscription 
placed on my tombstone : 

" 'Here lies the remains of Edward F. Dunne, the father of 
thirteen children and Municipal Ownership. 

" 'May he rest in peace.' " 

In discussing the future of municipal ownership, Mayor 
Dunne declared that sooner or later it would prevail in every 
large city of the Union, 

"What is true of Chicago," said he, "is true of all other 
cities. The principal street car companies in Chicago are capital- 
ized and bonded for $117,000,000. The value of their tangible 
property is much less than $27,000,000. They occupy nearly 800 
miles of city streets, covering an area of 68 square miles. Until 
recently they have been paying dividends on their total bonds 
and capitalization. 

"From this, it is apparent they have forced the citizens of 
Chicago to pay them 5 per cent dividends on $90,000,000 of stock, 
which has no tangible property behind it, and which has not been 
invested in the railroads, but which is the value placed by these 



DUNNE — JUDGE, MAYOR, GOVERNOR 211 

companies upon the charters given to them by the very people 
out of whom they are squeezing their extortionate income. 

"A consideration of this state of facts must convince the 
most skeptical person, the private companies that are furnishing 
vrater, gas, electric light and street railway transportation, both 
in this country and Europe, are charging exorbitant prices for 
these commodities and much more than is charged for them by 
publicly owned companies. 

"This cannot be the result of mismanagement by private com- 
panies and efficient management by public companies, for it has 
always been claimed, and I think it will be conceded even by ad- 
vocates of public ownership, that the wages paid by publicly 
owned companies are always higher than those paid by private 
companies, and that the publicly owned companies are not man- 
aged with the same stringent economy that is characteristic of 
private ownership, where every attention is paid, even to the 
minutest detail, in order to decrease the cost of production. 

"Private companies in their anxiety to swell the dividends 

of their stockholders and to provide for- further issues of 

'watered' stock charge the public more than is reasonably neces-. 

sary for the pecuniary success of these enterprises, and what they 

charge is extortion pure and simple. 

"The interest of public companies is mainly to furnish the 
utilities to the public as cheaply and efficiently as possible, con- 
sistent with successful management of the enterprise. The spirit 
which actuates them is the public good, while private corporations 
are run solely for private gain. The motive controlling the one 
is selfishness ; that which actuates the public companies unsel- 
fishness. ' ' 

"How will the proposed municipal enterprise be financed by 
Chicago?" I asked Judge Dunne. 

"That will be very easily done and without costing the citi- 
zens a dollar. We will be able to get all the money we need and 
our security will consist of tangible property — that is, the prop- 
erty of the street railroad itself. 

"Under the terms of the Mueller bill, the city of Chicago can 
issue certificates, payable only out of the prospective receipts of 
the street car companies and the property acquired, which will 
bear interest at the rate of 5 or 6 per cent a year. 

"It is true Chicago is now indebted to its constitutional 
limit and there are no funds available in the public treasury. 
But there is no force in the contention that this would prevent 
our putting into effect municipal ownership on a practical, safe, 
conservative basis. 



212 DUNNE — JUDGE, MAYOR, GOVERNOR 

"By agreeing to turu over to contractors or lending com- 
panies the prospective income from a street car system to be 
erected, until the contract price for the construction of it is paid, 
with 6 per cent interest thereon, we can readily negotiate loans; 
in fact, 1 have no hesitation in saying that, if the present street 
car companies were offered a satisfactory price, they would wil- 
lingly accept street car fares at present rates as security for the 
purchase price. They may deny it now, but mark my prediction, 
they will offer to do so before the street car problem is settled in 
this city. 

''Why do I make this assertion with such confidence? 

"First. Because such a pledge of prospective receipts would 
be essentially the same, or better security than has enabled them 
in the past to bond and stock their companies on the stock ex- 
changes for four times their intrinsic value. 

"Second. The different traction companies in this city in 
negotiating their stocks and bonds, have given no outside se- 
curities. 

"The names of these companies and these alone are signed 
to their bonds and stocks. Hence only the property of these 
companies is liable for the payment of these obligations. What 
does the property consist of? Their tangible property, worth 
only one-fourth of the aggregate of these liabilities and their 
franchises which at no time extend beyond 20 years. 

"If four times the value of the tangible property has been 
raised in Chicago within the last few years by private street car 
companies, which can only pledge these receipts for less than 
twenty years, can it be seriously contended that one-half of that 
amount, which will be more than adequate for all purposes, can- 
not be raised by the city upon a pledge of the same tangible prop- 
erty and a pledge of the receipts unlimited in time. 

"This was done in the city of Glasgow, which pledged for 
the payment of the purchase price of its gas works, the plant and 
its receipts and guaranteed that each house renting for one poimd 
sterling (about $5 of our money) would pay, as gas rent, six 
pence, or in American money, each house renting for $40 a month 
would pay a gas bill of $1. 

"If the conservative and canny Scot is satisfied Avith such 
security why not the more conservative American financier? 

"In case the 99-year act was held to be constitutional in its 
entirety could the city of Chicago even then institute condem- 
nation proceedings to force the old companies to sell out ? 

"We shall do nothing that will impair contracts or that the 
law does not give us the right to do. The validity of the 99-year 
act will be thoroughly tested. I doubt if it applies to but few lines 
of the Union Traction Company. 



DUNNE — JUDGE, MAYOR, GOVERNOR 213 

' ' Notwithstanding the right of the companies to operate under 
the 99-year act Chicago has already secured an entering wedge by 
getting possession of the Adams Street line, which intersects the 
heart of Chicago almost from the lake front to the city limits. 

"Having established this line, what is to prevent us from en- 
tering into direct competition with the old companies. "We can go 
where they go. "We can build where they build. "We can command 
public patronage where they cannot. Even though the purse strings 
of the banks and moneyed interest were shut tight on us, there 
would still be left $600,000,000 of the people's cash, now on deposit 
in the safe deposit companies and banks of Chicago. 

""We could easily fall back on the people and get from them 
the necessary funds to go ahead with the municipal system. But 
these things will not be necessary. Men like J. Pierpont Morgan, 
who are back of the present corporations, know when they are 
whipped. They know when to cry 'enough.' They will not wait 
until the city forces them through competition to knock at the city's 
door for a settlement." 

' ' How long will it actually take, barring unlooked for obstacles, 
to construct a street car system?" 

"It may be done in one year and it may take two. It is pos- 
sible the fight will not be finished then. "We may have to go to the 
Legislature for more legislation. If the Mueller law, of which we 
will make a test case in a very few months, is declared unconstitu- 
tional, we shall ask the Governor to call a special assembly to enact 
a new one or amend the defects of the old. ' ' 

I reminded the mayor that the chief objection to the city own- 
ing the street cars was that it would result in the upbuilding of a 
great political machine. 

' ' That is not true, ' ' he said, firmly. ' ' The friends of municipal 
ownership are the friends of civil service. 

"If the street car enterprise were to be operated independent 
of the merit system then such an objection would have considerable 
force. 

"Every ordinance providing for municipal ownership shall 
contain rigid civil service provisions. No conductor, motorman or 
mechanic, clerk or other employe will be granted employment with- 
out first having rendered himself eligible by passing the civil serv- 
ice examination. The board of examiners will be absolutely non- 
partisan. 

"Friends and advocates of municipal ownership and control 
know that, where municipal operation has been put in force, it has 
been accompanied by a civil service system. They know the Federal 
post-office system has been successful under civil service. They 
know that the Chicago water office system has been successful under 
civil service, and in the language of Mr. Boyle, the American consul 



214 DUNNE — JUDGE, MAYOR, GOVERNOR 

at London, that municipal government in Great Britain, where 
municipal operation and civil service prevail in 100 cities, is honest, 
intelligent and energetic ; and as a rule politics has but little to do 
with the engagement or retention of civic employes. 

"As a matter of fact," continued Mayor Dunne, "the public 
has more to fear from political intrigue and bossism under private 
than under public management. Most of the great scandals that 
have disgraced the public life of American officials have resulted 
from the bribery on the part of the private companies. 

"Who secured the corrupt legislation in the city of St. Louis 
which landed so many of its aldermen in the penitentiary? Who 
secured for the Philadelphia council of aldermen in the past and 
the common council of New York in the days of Jake Sharp, a 
reputation that is a stench in the nostrils of the people? 

"Look back at the notorious Allen and Humphrey bills which 
passed the Illinois Legislature, and whom do you find back of a 
corruption fund used to buy up lawmakers? 

' ' What politician could work more harm to public interest than 
did Charles T. Yerkes, the head and brains of this monster stock 
jobbing corporation — the Chicago street railway system? 

' ' The public utility corporations are responsible for nine-tenths 
of the corrupt disclosures in American life today. They are the 
bribe-givers and faithless public servants, their dupes. 

• "Why, I can recall only a few years ago when nearly every 
alderman was granted from 50 to 100 jobs for his friends from the 
street car companies. 

"If this be true, it stands to reason there should be no objec- 
tion to municipal ownership on the part of any municipality where 
it is found to be practicable. ' ' 

The original franchise to use the streets was granted to the 
Chicago City Railway Company, This corporation, to avoid its 
obligations, disposed of its franchise on the west side of the city to 
the Chicago West Division Railway Company. Each company 
charges a fare of 5 cents. Then was formed the North Chicago 
Railway Company, with another 5-cent fare added, so that it costs 
a double fare to go from the north to the south side of the city or 
from either section to the west side and vice versa. 

The Chicago River divides the city into three parts : north, 
south and west. 

Mayor Dunne believes that with the successful operation of the 
municipal street car system a fare of 3 cents can be furnished from 
any given point to all parts of the city. But this reduced fare, he 
says, will depend entirely on the financial conditions of the proper- 
ties or the ability of the city to establish a low fare basis after the 
deduction of current expenses and other liabilities. 



DUNNE — JUDGE, MAYOR, GOVERNOR 215 

The story of the rise and fall of Chicago tractions reads like a 
chapter from St. Louis street car history. 

In the methods employed to secure franchises and in the execu- 
tion of fictitious issues of water stock, both cities present a parallel 
case. 

Each had independent street car lines until a syndicate of 
speculators acquired control and then the value of the physical 
property was increased twofold. 

In St. Louis, street car properties of the tangible value of 
$20,000,000 were bonded and capitalized at $90,000,000. 

Chicago's stockjobbing street car magnates increased the cap- 
ital stock of street car companies worth $27,000,000 to $117,- 
000,000. 

To obtain concessions for new franchises, the Chicago specula- 
tors found it necessary to use boodle in the municipal assembly. 

As the investigations, conducted by Mr. Folk have shown, the 
St. Louis street railway magnates bought the municipal assembly 
there year in and year out, and finally capped the climax of boodle 
achievements, when the sum of $1,250,000 was paid by Robert M. 
Snyder for a 50-year franchise for the Central Traction Company, 
now part of the United Railways Company. 

Snyder gave the assemblymen $250,000 for the franchise. In 
Chicago the corruption of the assembly was such that the 8,000 
citizens marched to the city hall and threatened her faithless alder- 
men with hanging, if they persisted in their attempt to pass a street 
railway bill which was backed by a corruption fund of $500,000. 

The lobbyists of the newly formed St. Louis street railway 
combination went to the Missouri Legislature in 1899, and, ac- 
cording to facts obtained by Mr. Folk during an investigation of 
that deal, spent more than $200,000 to fasten a street car trust 
on St. Louis. 

From Chicago, the traction magnates sent representatives to 
Springfield and corrupted the Illinois Legislature by the use of a 
$1,000,000 slush fund. 

Street car speculation in Chicago was begun in 1885 by 
Charles T.Yerkes, who perfected a plan whereby the Chicago West 
Division Company was merged with the Chicago Passenger Rail- 
way Company, both being capitalized at a total of $8,000,000. 

Yerke's then formed the West Chicago Street Railway Com- 
pany and issued capital stock to the amount of $25,000,000, leasing 
the other two companies to this corporation. Next he acquired 
control of the North Chicago City Railway Company, a $3,000,000 
corporation, and leased its operating rights to a new company, 
laiown as the North Chicago Street Railroad Company, with a cap- 
ital stock of $13,000,000. 



216 DUNNE — JUDGE, MAYOR, GOVERNOR 

In order to get the proceeds of the sales of these watered 
stocks into his own hands, he organized the United States Con- 
struction Co., with P. A. B. Widener and William R. Elkins of 
New York, as his associates. The construction company did not 
represent the investment of a dollar. 

But it got busy at once and within a short period had made 
a contract with the North Chicago Company to build a power 
house and lay tracks. 

This involved an outlay of about $3,000,000. Yerkes and his 
partners got $6,000,000 for the job. 

This fictitious debt of $3,000,000 was classed as a liability in 
the sale of the North Chicago Company to the North Chicago 
Street Railroad Company. 

Yerkes went to Springfield in 1895 to buy the Illinois Legis- 
lature. He wanted 50-year franchise for his Chicago companies. 
His effort failed. Then he started out to elect the next Governor 
of the State and succeeded. In 1897, he returned to Springfield 
and renewed his plea for an extension of the street car franchises. 
This time the lobby was backed by an enormous corruption fund. 

The notorious Allen bill, granting the new franchises, became 
a law. Yerkes sought to induce the Chicago municipal assembly 
to ratify the Legislature 's work. 

Again he won, but Mayor Harrison vetoed the bill. Yerkes 
then tried to pass the measures over the mayor's veto, but force 
of public sentiment dealt him a knockout blow. 

Yerkes saw the handwriting on the wall. Chicago was on 
to his curves, and knew he could get no further favors at the hands 
of its assembly. 

So he made up his mind to shake the dust of the city of the 
lakes. Before leaving, however, he executed two or three clever 
schemes. He put up for sale the west and south side Chicago 
lines. The franchises of these companies would expire in a few 
years, and this, added to the wretched condition of the properties, 
convinced Yerkes that their sale was absolutely necessary. 
Yerkes gave a glowing account of the street car system and its 
future prospects to his eastern friends. "Wall Street swallowed 
his sugar coated pill. The wise men of the east bought the Yerkes 
properties and then organized the Union Traction Company, with 
a capital of $32,000,000. 

The Union Traction gradually acquired a lease on the north 
and west Chicago and subsidiary companies. Then another $32,- 
000,000 was added to the capital stock of the Union corporation. 
But Yerkes had more street car property to sell. He controlled 
the Consolidated Traction Company, capitalized at $15,000,000, 
and having 90 miles of track. This he compelled the eastern 



DUNNE JUDGE, MAYOR, GOVERNOR 217 

magnates to take at a price which yielded him a net profit of 
$6,750,000. 

Mr. Yerkes left town and with his departure nothing was 
further heard of the United States Construction Co. 

The financial burdens of the Chicago companies proved too 
much for its stocks and bondholders. The fact that several fran- 
chises would soon expire and the impossibility of paying divi- 
dends on the enormous issues of infiated stock led the street car 
magnates to seek Judge Peter S. Grosscup of the United States 
Circuit Court, to whom they applied for a receiver, to take charge 
of the properties of the Union Traction and the north and west 
side companies. 

These companies represent two-thitds of the street car mile- 
age of Chicago and are capitalized at $75,000,000. The only 
solvent corporation here is the Chicago City Railway Company. 

Judge Grosscup appointed four receivers April 22, 1903, each 
at the munificent salary of $25,000 a year. Among the receivers 
is the clerk of Judge Grosscup 's court. 

Judge Grosscup proposed to consolidate the Chicago City 
Railway Company with the insolvent corporations, and for this 
purpose visited New York, where he managed to organize a syn- 
dicate headed by J. Pierpont Morgan. 

This syndicate, February 1, 1905, purchased control of the 
Chicago City Railway Company, capitalized at $18,000,000. It 
cost Morgan, Marshall Field and John J. Mitchell, the new owners, 
$36,000,000. 

The companies immediately sought new franchises, but the 
ballot proved a stumbling block. 

In 1901, the Legislature passed the referendum, whereby on 
a petition of 25 per cent of the voters, a proposition involving a 
franchise grant is submitted to a vote of the people. 

The people turned down Morgan and his crowd by an over- 
whelming majority. 

But the companies maintain the 99-year act still gives them 
the right to the franchises they now hold. Judge Grosscup has 
upheld the validity of the 99-year act, but only as to a small part 
of the mileage covered by the Union Traction system. 

Whether it applies to other companies is still a matter for 
judicial determination. 

The fact that Judge Grosscup himself has been enjoined from 
organizing with Judge Gary of the United States Steel Company, 
a gas trust in West Virginia, has intensified the criticism fre- 
quently passed on Judge Grosscup 's attitude toward street car 
companies. 



218 DUNNE — JUDGE, MAYOR, GOVERNOR 

And as all these things have gone on, the Chicago public has 
suffered the discomforts of the filthy cars and wretched service. 

"Where in any modern city today are there horse cars? Chi- 
cago has them and they are a positive reproach to her progress 
and pride. 

Instead of improving conditions, the street car magnates 
have allowed the service to go from bad to worse. 

There are three elevated lines which relieve the congestion 
of the surface road, but the question of the municipality owning 
them is a long way off. 



DUNNE JUDGE, MAYOR, GOVERNOR 219 



FOR A COMPULSORY BOARD OF 
INVESTIGATION. 

Recommendation for a State Board to Settle Strikes, 
May 21, 1905. 

I think it would be a good idea for Governor Deneen, as wrell 
as a wise move, in making up the State arbitration committee, to 
consult the employers on one side and the employes on the other 
regarding the appointment of two members of the board to rep- 
resent each side. Then a man should be selected with sufficient 
intelligence of the points in controversy to acquaint the third 
man, who would be the umpire, of the facts on both sides from an 
impartial point of view. The third man should be appointed by 
the Governor upon consultation with both sides, and such a com- 
mission would be one in which the public and both the employers 
and employes would have the utmost confidence as to their fair- 
ness and impartiality. 

I think that such a board or court of arbitration ought to 
have the power to investigate the contracts between the employ- 
ers and their employes at the time the contracts are made and find 
out if they were fair and just or if they violated any of the rights 
of the community. Then after they had taken cognizance of the 
contract between the parties they should either give it their stamp 
of approval or disapproval. 

This commission should be empowered to bring parties before 
them to hear and determine who was to blame for the controversy 
and who was at fault. Then they should make a report to the 
public, and I believe that such a report would have such a moral 
effect that both parties would be bound in conscience as good 
citizens to abide by its findings. 

My idea thus would be, first, to determine the validity and 
the fairness of contracts in labor difficulties, and, second, to find 
who violated these contracts and report the result of the investi- 
gation to the Governor and the people. In fact, it would have 
all the powers of a court, except to impose fines or imprisonment. 
It would be a commission of compulsory investigation. There is 
great objection to a board of compulsory arbitration, but there is 
not such an objection to a compulsory board of investigation. 



220 DUNNE JUDGE, MAYOR, GOVERNOR 

The board should have full investigating powers. That was 
the trouble with the commissions I appointed. They were with- 
out proper legal authority and could not compel witnesses to 
appear before them. The State board should be empowered to 
invoke the penalties of perjury for false testimony and the pun- 
ishment of witnesses who refuse to appear. 

The State board would also be a great advantage in the pre- 
vention of labor troubles. Either side before a struggle is de- 
clared could say that the other party has threatened to violate its 
contract and demand an investigation before a lockout is declared 
or a strike is called. The power given to the commission to in- 
vestigate and report would have such a moral effect that it would 
deter the struggle. The trouble with the present State Board of 
Arbitration is that it is a voluntary body not authorized under the 
law to swear in witnesses and conduct a compulsory investiga- 
tion and permitted only to tender its services to arbitrate the 
difficulties. 

It might not be a bad idea to have the commission composed 
of five members, two of them to be selected by the Governor, to 
present the facts of each side. Men like Clarence Darrow and 
Levy Mayer, who have obtained full knowledge of the situation 
on both sides, could inform the umpire. 

It might also be well for the city council to be empow^ered 
by statute to conduct such a labor investigation and to force the 
testimony of witnesses in any investigation it may undertake. 



DUNNE — JUDGE, MAYOR, GOVERNOR 221 



MAYOR DUNNE WANTS POWER AT 

COST— CANAL BOARD SHOULD 

AID CITY. 

Statement to the Public, June 26, 1905. 

"I think the board of drainage trustees should sell power 
to the city of Chicago for actual cost to be used for traction pur- 
poses only, ' ' said Mayor Dunne, in the course of an interview yes- 
terday. "And furtliermore, I am in favor of having a plank in 
the Democratic platform advocating that principle. 

"Isham Randolph, engineer for the drainage board, tells me 
that the drainage canal can furnish 30,000 horse power, but that 
it would shrink to 22,000 horse power by the time it was carried 
to the city to be used for traction purposes," said the mayor. 

"That is an important item to be figured on in working out 
the 100-mile scheme for a municipal railway. That power should 
be furnished the city for just what it costs the drainage board, 
and no more. That is, the drainage trustees could charge the 
actual cost at the canal, and the city would stand the cost of 
transmission. By this means the cost of operating the municipal 
railway would be wonderfully lessened. This is another argument 
in favor of the city owning its power plants, and also in favor 
of the plea that the portion of the sanitary district inside the city 
should be a part of the municipality. The canal trvistees have 
sufficient power to run 200 miles of street railway in the city, 
but have not enough to run the entire 700 or 800 miles of road in 
the city limits. 

"I had hoped to have at least an outline of my plans for the 
100-mile street railroad of the city ready to be submitted to the 
local transportation committee of the council at its meeting next 
Thursday. I am not an engineer myself, and I have been seeking 
advice from one of the best expert engineers in the country, whose 
name I do not care to make public now. He is at work on plans 
for a trunk line system that will come into the downtown section 
over Adams and Harrison Streets and Washington Boulevard and 
will have a branch reaching to the stockyards district on the 
southwest and another branch reaching into the northwest side. 

"There will be no legal complications over the use of the 
Washington Street tunnel, as the term of the present street car 



222 DUNNP JUDGE, MAYOR, GOVERNOR 

companies tliat are using it expires next year. I do not care to 
say what the estimate of the cost of construction of the 100 miles 
of .road is just now. But I can say this — that one of the largest 
construction companies in the country has already notified me 
that as soon as the city is ready to accept bids for the work, it 
will be a bidder. This company has no fears as to the matter 
of pay from the city. 

"The city council tonight will revoke the order for the bids 
for the ten miles of road, and then arrangements will be imme- 
diately begun for receiving bids for the 100 miles. The council 
has already gone on record as favoring the construction of ten 
miles of municipal railway and it can not consistently refuse, 
therefore, to favor the building of 100 miles of road by the city. 

"One important feature of this large municipal 100-mile 
scheme is the power-house. Whether to have one large power- 
house, divided into sections that could be brought into operation 
at different times, or to have a series of power-houses is a ques- 
tion that is being considered by the engineers. To operate a 
system of great length from one power-house might mean a loss 
of electricity by leakage. But the matter of securing power from 
the canal will cut a big figure in the plans." 



DUNNE JUDGE, MAYOR, GOVERNOR 223 



MESSAGE REGARDING WATER RATES. 

To THE Chicago City Council, June 12, 1905. 

To the Honorable, the City Council of the City of Chicago : 

Gentlemen : I have the honor to submit to you herewith for 
your consideration an ordinance in amendation of the present 
water ordinance. 

Two main principles of business policy are involved. 

First. The consumer should be relieved of all possible in- 
cidental fees and of all possible petty inconveniences. 

Second. There should be no discrimination in favor of any 
class of consumers against any other class of consumers. 

In accordance with the first of these principles the new or- 
dinance provides that the city shall bear the expense of the main- 
tenance of all service pipes up to and including the buffalo boxes ; 
that the city shall remit certain incidental fees now charged 
against the consumer for certain minor and necessary services 
and that the city shall install all meters at its own expense and 
through its own employes. 

At present the burden of maintaining the service pipes is 
borne by the consumer. The result is that the consumer must 
hire private plumbers and that the city must maintain an elab- 
orate apparatus by means of which the work of the private 
plumbers may be supervised and inspected. It would be easier 
for the city to do the work itself. Service pipes are part of the 
city's water plant. So are buffalo boxes. The city should con- 
struct and maintain its plant and should base its charges upon 
the total cost of construction and maintenance. The consumer 
should come into financial contact with the water bureau at only 
one point, viz., the payment of his monthly or semi-annual bill 
for water consumed. All other points of financial contact are 
exasperating annoyances both for him and for the water bureau. 

In accordance with this same principle the city should install 
all meters at its own expense. At present the consumer pays for 
the meter, the private plumber makes the connections and the 
city's meter settlers put the meter in place. This means an ex- 
cessive number of permits, orders and notices. It means that the 
work is split up into small parts. It means delay. It means that 
the consumer is bewildered and distressed. Meters, like service 



224 DUNNE JUDGE, MAYOR, GOVERNOR 

pipes, are part of the city's water plant. They are part of the ex- 
pense of providing the consumer with water. It is much easier 
and much more convenient for the consumer to pay a lump sum 
for water than to pay innumerable small sums for the installation 
of the appurtenances of the system by means of which the city 
gets the water to him. 

In accordance with the second principle above mentioned the 
new ordinance provides that there shall be an equality among all 
consumers in the matter of rates. The rate suggested is 8 cents 
per thousand gallons. The enormous rebate now allowed tO' the 
36 large consumers in classes C and D is a favor to persons who 
together constitute less than one per cent of the total number 
of consumers using meters. 

A rate of 8 cents per thousand gallons would increase the 
annual revenue of the city by about $145,000. At the same time 
it would considerably diminish the amount of the payments now 
made by consumers in classes A and B, who constitute ninety-nine 
per cent, of the total number. The injustice of the present ar- 
rangement is clearly shown by the large savings which the smaller 
consumers would accomplish under an equality of rates. 

The city's additional revenue under an 8-cent universal flat 
rate will be immediately needed if the increased installation of 
meters, suggested in the new ordinance, meets with your approval. 
The final economy of the installation of meters up to at least 40 
per cent, of the total number of consumers has been demonstrated 
by the experience of many cities and has been frequently pre- 
sented to the consideration of the people of Chicago by our City 
Engineer. 

The new ordinance suggests that some small charge be made 
upon the charitable institutions which are now getting their water 
without charge. This suggestion does not spring from any hos- 
tility to the charitable institutions. It is made simply for the 
purpose of stimulating an economy in the use of water. When 
no charge is made the temptation to extravagance in the use of 
water is irresistible. Every consumer who gets his water abso- 
lutely free is an unchecked drain upon the city's total pumpage. 

Permit me finally to revert to the advisability of sparing the 
consumer all petty minor charges and of giving him in the matter 
of rates exactly the same treatment that is given to his fellow 
consumers. These two principles of convenience for everybody 
and of equality for everybody I hope will commend themselves 
to you. 

Respectfully, 

E. F, Dunne. 



DUNNE JUDGE, MAYOR, GOVERNOR 225 



PLANS FOR SECURING MUNICIPAL 
OWNERSHIP. 

Message of Mayor Dunne, July 5, 1905, 
To the Honorable, the City Council: 

Gentlemen : The people of Chicago having plainly mani- 
fested their desire for municipal ownership of street railroads 
with the least possible delay, I have diligently sought, since my 
inauguration as mayor, for the best information and the best 
advice regarding the subject, and have carefully considered all 
suggested plans. I now submit to you the results of this pre- 
liminary work. Asking your cooperation in further executing 
the duty with which we have been jointly charged by the people 
in this connection, I cordially offer you all the additional assist- 
ance it is in my power to give. 

As I am advised, there are about 700 miles of street railroad 
track now in operation in our city. The operative rights of 
private companies with reference to a considerable proportion of 
this trackage have incontestably expired. Their expiration as to 
the Adams Street line has been actually adjudicated by the Circuit 
Court of the United States ; and in harmony with the reasoning 
of that adjudication more than 100 miles of homogeneous track- 
age, most of which runs through densely populated portions of the 
city, is already free from corporation control, and 240 miles in 
all of like character will be free within the next two years. At 
varying intervals there will be further additions to this system, 
and within six or seven years a great majority of all the 700 
miles of trackage now in operation, will be incontestably subject 
to municipal ownership. 

But that is not all. My legal advisers are confident, and this 
confidence is shared by me, that a rule more favorable to the city 
than that adopted by the Circuit Court will be established by the 
court of last resort. In this event, the 240 miles of trackage in- 
contestably at the free disposal of the city now and within the 
next two years, will be greatly increased within that time. Con- 
fident of this increase, as we are, we must expect strong and per- 
sistent opposition, and be ready to cope with much dilatory liti- 
gation and other vexatious obstructions. The financial interests 
at stake are so vast and aggressive that public interests are in 



226 DUNNE — JUDGE, MAYOR, GOVERNOR 

jeopardy and, at this critical juncture, the rights of the city may 
depend upon the fidelity of your honorable body. To the patriotic 
devotion of every member in this behalf I am sure the citizens of 
Chicago may look with confidence. 

While in litigation, we vigorously oppose the rights of the 
city to the claims of corporations that have been and continue to 
be persistently indifferent to their franchise obligations, we have 
official duties that cannot be ignored regarding the trackage over 
which corporation rights have incontestably expired. This track- 
age being already available for municipal ownership, our duty 
is plain to bring it speedily within the scope of that policy. 

"We are occasionally referred in this connection to the so- 
called "tentative ordinance". But that ordinance cannot be 
further considered without flagrantly disregarding public opinion 
lawfully expressed. Alike by advisory referendum and the man- 
date of a decisive municipal election, the people have distinctly 
and emphatically condemned it both as to form and principle. 

Turning, then, to their demand for municipal ownership, I 
submit for your consideration two plans to secure this result. One 
of these plans attached hereto and marked "A" may be briefly 
identified as "the city plan"; the other, also attached and 
marked "B", may be distinguished as "the contract plan". These 
are the only plans of which I am advised, that commend them- 
selves to my judgment ; and of the two, I prefer the second. The 
reason for this preference is its manifest superiority as a means 
of accomplishing the object in view, namely, the earliest possible 
installation of good service and the establishment of municipal 
ov/nership of the entire street car system of Chicago. 

In view of the extreme need for immediate improvement in 
our street railway lines, reduced to the lowest level of bad service 
by the system of private ownership and operation which has pre- 
vailed, every element of delay in rehabilitation is to be avoided as 
far as possible, with due regard for the street railway policy that 
the people demand and for which the Mueller law provides. 
Under the "city plan" there are many elements of delay which 
may possibly be magnified by factions' oppositions. But under 
the "contract plan", which is equally consistent with the Mueller 
law and the policy of municipal ownership and operation, all 
elements of delay are eliminated. 

Financially as well as legally, this plan would be immediately 
practicable. It would consequently enable us to proceed at once 
with reconstruction, under circumstances assuring as good service 
and at as early a day as the best conceivable system for private 
profit could provide. Yet the rights of the city to take over, and 
even to operate, would be neither impaired nor postponed. As 



DUNNE JUDGE, MAYOR, GOVERNOR 227 

soon as a market for the Mueller certificates had been secured, 
the city could acquire the system in its own right and its own 
name ; as soon as the people had, by referendum under the Mueller 
law, so decided, the city could proceed to operate by its own 
employes. 

Most of the advantages of municipal ownership and operation 
would thus be immediately secured. There Avould, therefore, be 
no delay in realizing that policy in substance even while such 
judicial, financial, legislative and referendum proceedings were 
being taken as might be necessary to perfect it in form, or to 
guard it by business adjustments against encroachments of the 
spoils system. 

The "contract plan" provides in effect for w^hat the Mueller 
law contemplates and the people have demanded, — immediate 
municipal ownership of the street car service. It provides for this 
system of street car service under the management of a board of 
directors in its preliminary steps, and without the intervention of 
such board as soon as the city raises the necessary capital and 
complies with the statutory requirements. 

In furtherance of this superior plan, I present herewith for 
your consideration and action, a draft ordinance, attached hereto 
and marked "C", and recommend the appropriate proceedings 
by your honorable body for referring it to your committee on 
local transportation. I further recommend public hearings be- 
fore your committee for the purpose of considering objections to 
the proposed ordinance and the fullest explanation and exposition 
of its purpose and provisions, and the consideration of such 
amendments not in conflict with its essential features as may be 
deemed proper and necessary for the interests of the city of 
Chicago. I also recommend that pending final action upon this 
ordinance, the council provide for securing the submission to the 
voters of Chicago, at the next general election, under the ad- 
visory referendum statute of the "contract plan" for the execu- 
tion of which the proposed ordinance has been drafted. 

'•'A" 

CITY FINANCING PLAN FOR THE CONSTRUCTION AND 

OPERATION OF A MUNICIPAL STREET CAR SYSTEM 

FOR THE CITY OF CHICAGO. 

This plan, to be known for convenience of reference as "the 
city plan," contemplates the construction and operation of a mu- 
nicipal street car system for the city of Chicago, through direct 
financing by city officials. 



228 DUNNE — JUDGE, MAYOR, GOVERNOR 

The legal authority for ' ' the city plan ' ' is derived from an act 
of the Legislature entitled, "An Act to authorize cities to acquire, 
construct, own, operate, and lease street railways and to provide 
the means therefor, ' ' approved May 18, 1903. It is commonly known 
as the "Mueller law," and became operative in the city of Chicago 
through its adoption by a majority of the electors of this city at 
the municipal election of April, 1904. Having been so adopted by 
the people of Chicago, this act of the Legislature empowers the 
city of Chicago "to own, construct, acquire, purchase, maintain, 
and operate street railways within its corporate limits." 

In order to effectuate the purposes of the act in these respects, 
the following steps are necessary, as I am advised bj^ the law de- 
partment of the city : 

First. Particular plans and specifications relative to the sys- 
tems and lines intended to be constructed or acquired must be 
prepared. 

Second. The city must advertise for proposals for the con- 
struction or acquisition of the system in accordance with such 
plans and specifications. 

Third. The construction or acquisition of such systems must 
be contracted for by the city with the lowest bidder under such 
proposals. 

Fourth. Owing to the relation of the present bonded indebted- 
ness of the city of Chicago to the present taxable valuations therein, 
payment for such acquisition or construction cannot be constitu- 
tionally made with further bond issues ; wherefore, payment must 
be provided for with street railway certificates, payable out of the 
revenue of the property to be constructed or acquired, which are 
allowed by section 2 of the act in question. This necessitates the 
adoption by the city council of an ordinance providing for the issue 
of such certificates in accordance with the terms of the act. 

Fifth. Such ordinance must be submitted to a popular vote. 
and must be approved by a majority of the qualified voters of the 
city voting thereon at a general, city, or special election in and 
for the entire city, to be designated by the council and coming not 
sooner than thirty days from and after the passage of the ordi- 
nance. 

Sixth. When such an ordinance has been so approved by popu- 
lar vote, street railway certificates may be issued in an amount not 
exceeding the cost to the city of the property acquired for such 
street railway system, and ten per cent in addition thereto ; and 
payment thereof, with interest, may (and practically must) be 
secured by a mortgage on such property, inclusive of a twenty-year 
franchise with fixed rates of fare to inure to purchasers in case of 
foreclosure. 



DUNNE JUDGE, MAYOR, GOVERNOR 229 

Seventh. In order to secure the best possible price for such 
certificates it will be necessary to establish the legal validity thereof 
through a test case by decision of the Supreme Court of the State. 

Eighth. Having thus acquired right of ownership in the pro- 
posed street car system, the city would still be without legal author- 
ity to operate the same, but would be obliged to lease it for private 
profit to private corporations, unless further steps were taken. In 
order to utilize the authority, conferred by the act in question, and 
secure complete public ownership and operation, it would be neces- 
sary for the city council to provide for the submission to popular 
vote, at a general, city or special election in and for the entire city 
and coming not sooner than thirty days from and after the passage 
of said ordinance, of a proposition to operate. 

Ninth. Such proposition would then have to be approved at 
the election so designated, by three-fifths of the electors of the city 
voting thereon. 

In view of these statutory requirements, as preliminaries to 
municipal ownership and operation of the street car systems of 
Chicago, and especially of the vexatious obstacles which those re- 
quirements might enable adversaries of this popular demand to 
interpose at every stage, I am constrained to recommend this plan 
of procedure, designated above as "the city plan," only in the 
absence of a simpler and more expeditious plan calculated to pro- 
duce the same result ; and I am firmly of the opinion, so far as I 
am at present advised, that the contract financing plan, herewith 
submitted alternatively, and briefly designated as "the contract 
plan," meets that requirement. 

"B" 

CONTRACT FINANCING PLAN FOR THE CONSTRUCTION 

AND OPERATION OF A MUNICIPAL STREET CAR 

SYSTEM FOR THE CITY OF CHICAGO. 

This plan, to be known for convenience of reference as the 
"contract plan," contemplates , the construction and operation of 
a municipal street car system for the city of Chicago through the 
instrumentality of a private corporation acting in the city's 
interest. 

Pursuant to the "contract plan" the city council would 
build, acquire and operate street railroads through the instru- 
mentality (for financing, acquiring, constructing and operating) 
of a private company composed of five men who command the 
confidence of the people of Chicago, for their personal integrity, 
their busiiiess ability and their pronounced sympathy with the 
policy of municipal ownership of street car service, such corpora 
tion to be bound by contracts, insuring the performance of their 



230 DUNNE — JUDGE, MAYOR, GOVERNOR 

undertaking -wholly in the public interest. The principal steps 
which I regard as necessary to the most effective execution of this 
plan are as follows : 

First. The incorporation of a company under the laws of 
Illinois, by five persons, well known to the people of Chicago as 
possessing the necessary qualifications noted above. This com- 
pany to be incorporated for the express purpose of building, 
acquiring, and operating street railroad lines in Chicago in the 
interest of the city, and to have the power to issue capital stock 
to secure the money necessary to build, acquire and operate such 
property. The capital stock to constitute the only incumbrance 
upon the property, and its amount to be limited to the actual cost 
of the property. Dividends upon the capital stock to be limited 
to five per cent per annum. 

Second. The granting by the city council to such company of 
duly guarded franchises to acquire, build and operate street rail- 
• roads on designated streets between fixed termini for a period 
of twenty years, at 5-cent car fare with appropriate transfers, 
and with a reservation, on the part of the city, of the right to take 
over all or any part of such road, at any time, at the price and 
upon the terms to be contractually specified in execution of this 
plan. 

Third. The directors, president, and manager of the said 
company to be compensated, until the city takes over the prop- 
erty, with salaries to be approved by the city council. 

Fourth. All expenditures, contracts and specifications for the 
building or other acquisition of street railroad properties by said 
company to be approved by the city council before being incurred 
or executed hy the company. 

Fifth. During the operation of the lines by this company, 
the city council to have the right at any and all times, fully to 
inspect its business, and also to reduce fares below the franchise 
rate to the extent of one-half the net earnings of the property, 
in excess of operating expenses and dividends; all the net earn- 
ings to be set aside as a purchase fund for the acquisition of the 
property for the city, or to be used in the betterment of the 
property, as the city council may from time to time direct. 

Sixth. In order to secure to the trustee directors the control 
of the property, and to preserve to the city the unobstructed right 
at any time to acquire such property in accordance with this plan, 
the capital stock of the company should be issued in trust to a 
trust company to be selected b}^ the directors with the approval 
of the city council, which trust company should issue on the 
basis thereof an equal amount of marketable trust certificates 
to the company for the purpose of obtaining capital by sale there- 



DUNXE — JUDGE, MAYOR, GOVERNOR 231 

of, and hold the capital stock in trust to preserve the control of 
the aforesaid trustees for the management of the said street car 
lines and the consummation of this plan for securing municipal 
ownership and operation. The said trust company should be 
required to sell the stock of the said company, as represented by 
said certificates, by public subscription, duly advertised. In the 
event of over-subscription, it should be required to make allot- 
ments in the order of the receipt of subscriptions. In the event 
of under-subscription, the directors should be authorized to con- 
tract for the underwriting of the entire offering at a cost not to 
exceed two and one-half per cent, and the chosen trust company 
and any of the directors should be at liberty to become under- 
writers. 

Seventh. Upon the payment to the aforesaid trust company 
by the city of Chicago of an amount equal to the cost of the prop- 
erty, less the accumulated amount of the sinking fund herein- 
above provided for, the said trust company should be required, 
by the preliminary contracts, to use said sum so paid, together 
with said sinking fund, in such way as to redeem all outstanding 
certificates issued by it upon the security of the capital stock of 
said proposed street car company and to use the said capital 
stock, held by it in trust, in such way as to transfer all the street 
railroad property of the said street railroad company immedi- 
ately to the city of Chicago for direct municipal ownership and 
operation. 

The superiority of this plan over the "city plan," herewith 
attached for comparison, is manifest. It requires the passage of 
only one ordinance by the city council ; it provides for supervision 
and control by the city council from beginning to end ; it pre- 
cludes excessive profits by making the company and its directors 
trustees of all profits over 5 per cent for the city, and it obviates 
the necessity for delay in rehabilitation, while referendums are 
taken and the validity of the street railway certificates is tested 
in the courts. Yet, while establishing virtual immediate munici- 
pal ownership and operation, it secures the right of the city to 
actual municipal ownership and operation as soon as the validity 
of the certificates shall have been tested and the people shall, by 
the referendum required by the Mueller law, have decided to 
act. By means of this plan the municipal street car system can 
be put into condition for first-class service, on the lowest level of 
cost, during the time when the various legal preliminaries to 
actual acquisition and operation by the city are being perfected, 
and yet without prejudice to the acquisition immediately upon 
the completion of those preliminaries. With such a plan avail- 
able, it seems to me quite impossible to recommend the "city 



232 DUNNE — JUDGE, MAYOR, GOVERNOR 

plan" in preference, without stultifying my sincere and often- 
expressed desire to secure good service and municipal ownership 
and operation at the earliest practicable moment. I am confident 
that the people may rely upon the city council also to prefer the 
"contract plan." 



DUNNE — JUDGE, MAYOR, GOVERNOR 233 



PLANS OF MAYOR DUNNE FOR BUILD- 
ING NEW STREET RAILWAY 
SYSTEM. 

Statement to the Public, July 8, 1905. 

"It may be possible for the committee to hold daily sessions 
until this matter is disposed of, ' ' said Mayor Dunne yesterday. ' ' I 
wish to have it settled, ready for the reassembling of the council 
in September. Several members of the committee have talked with 
me today, and I hope we can agree upon a program in a short time. 

"In proposing to give a franchise to a private company for 
twenty years, are you not violating the public will, as expressed in 
the referendum vote against any franchise to any company?" 
Mayor Duiuie was asked. 

"Yes, in the letter, but not in the spirit," was the Mayor's 
reply. "The vote had reference to franchise granted to private 
corporations for profit. The holding corporation that I propose 
will not be for profit, except that men putting up the money to 
build- the roads will get 5 per cent interest until the city can take 
the property. 

"I am proceeding in accord with the platform on which I was 
elected, which promised that negotiations should first be tried 
with the old companies ; if these failed, I was to attempt to secure 
municipal ownership in the most practicable way possible. We 
have tried negotiating, without success ; now the best course open 
is to build a new system." 

"Have you any calculations as to how long it probably will be 
before the city can take over the lines ? ' ' 

"That depends on a great many things. First of all, the Muel- 
ler law must be tested, and that probably will take until next 
spring. Then arrangements must be made for disposing of the 
certificates, and there must be a referendum vote on their issue. 
I am informed that the proposed system probably can be com- 
pleted in two years, and perhaps by that time the city will be 
able to take the property." 

"There apparently will be a good profit in building the lines," 
was suggested to the mayor. 

"Yes," he replied, "there doubtless will be a profit for the 
contractor, but not for the directors of the company, who will be 



234 DUNNE — JUDGE, MAYOR, GOVERNOR 

selected for their friendliness to municipal ownership, as well as 
for their business ability, and who will not let the contracts. That 
will be done by the city council." 



DUNNE — JUDGE, MAYOR, GOVERNOR 235 



ON CITY OWNERSHIP OF PUBLIC 
UTILITIES. 

Address before the Boston Tammany Club, July 29, 1905. 

Mr. Chairman and Gentlemen: 

As a sample of the misrepresentation and mendacity which 
has characterized the press and the news agents in their opposi- 
tion to municipal ownership, let me read from the Des Moines 
Register of July 6, in great "scarehead" lines, as follows: 

"Mayor Dunne quits fight on street ears. "Will favor fran- 
chises to friendly corporations. He throws up his hands. Leaves 
his platform after three months. Believes plan a failure. Over- 
throws his electors and turns in favor of corporations who fought 
him." 

Similar dispatches, I am informed, have been published in all 
the influential papers of the country' and I have been in receipt 
of numerous letters, calling my attention to these misrepresenta- 
tions and asking me as to their truth. Let us see what the facts 
are. 

In my speech of acceptance to the convention, after pointing 
out that the Mueller law certificates could be utilized for the pur- 
pose of raising money to either buy out the present traction com- 
panies or to build new lines, I made use of the following language : 

"There are other ways, outside of the issuance of the Mueller 
bill certificates, under which the city could provide means for the 
purchase of the present street car system or for the building and 
equipment of new ones. If the city were to offer to a syndicate 
of capitalists a lease of the car system of the city, providing the 
syndicate would furnish ready capital for the purchase price of 
the same, under the terms of which lease the syndicate, so fur- 
nishing such money, should retain and operate such roads under 
lease, by the terms of which they should first pay themselves 5 
per cent upon the money invested and, secondly, provide a sinking 
fund for the payment of the capital invested; and, thirdly, pay 
reasonable compensation to the managers of the street car system 
leased by such a syndicate while operating the property, and 
after the payment of said liabilities then turn over to the city of 
Chicago the road free and clear from liabilities, I have no reason- 
able doubt that wise and prudent financiers would regard such 



236 DUNNE — JUDGE, MAYOR, GOVERNOR 

a lease, terminable only at the time when they received their 
capital and interest at 5 per cent, as adequate security for the 
investment. But, if such a syndicate of capitalists would not be 
willing to do this, there is no question in my mind that, if such 
a lease were tendered to a corporation, organized for the purpose 
of leasing and operating the street car system of the city of 
Chicago, under such an arrangement upon the understanding 
that the management of the same was to be placed in the hands 
of competent railway men at decent remuneration, the depositors 
in the savings banks of Chicago, who are drawing but 3 per cent 
interest on their investment, would be very glad to back any 
company organized for such a purpose and under such a man- 
agement and exchange their deposits for stock bearing 5 per cent 
interest." 

Following the method outlined in that, my speech of ac- 
ceptance to the convention, on the 5th of this month, within 
three months after my election, although I was embarrassed with 
the most extensive, exasperating and widely prevailing strike 
that has hampered and hindered Chicago for many years, I sub- 
mitted a plan for municipal ownership along the foregoing lines. 

Accompanying this message, I submitted the form of an 
ordinance to the council, providing for the incorporation of a 
company of five persons, well known to the people of Chicago who 
would command the confidence of the people for their personal 
integrity, their business ability and their pronounced sympathy 
with the cause of municipal ownership. The ordinance provides 
for the granting to said directors of a safely guarded franchise to 
equip, build and operate street railways. All expenditures, con- 
tracts and specifications, however, to be approved by the city 
council, and the right was reserved to the city to at all times 
inspect the company's books. The ordinance further provided 
in rigid terms that the said corporation could have no profit ex- 
cept the return of the capital invested with 5 per cent and pro- 
vided that all earnings over and above this amount shall be paid 
into a sinking fund to the credit of the city. 

This plan was adopted upon consultation with both able 
financiers and some of the truest and most reliable friends of 
municipal ownership in Chicago and elsewhere. It was and is a 
practical short cut to municipal ownership and I believe will 
commend itself to the good judgment of all the friends of munici- 
pal ownership. 

Since I have been inducted into ofiice we have, by the vigorous 
action of our law department, succeeded in dissolving an injunction 
which prevented our taking possession of any portion of the lines of 
the present traction companies whose franchises have expired. We 



DUNNE — JUDGE, MAYOR, GOVERNOR 237 

have instituted quo warranto proceedings, in the name of the people, 
under which the traction companies will be compelled to disclose all 
their rights and which, in my judgment, will be passed upon ad- 
versely to most of their rights in the Supreme Court of the State 
within the next six months. The transportation committee of the 
city council has called upon the present roads to name a price for 
their property and they have refused to come down to definite 
figures and we are proceeding vigorously to map out a municipal 
line running through the heart of the city of Chicago which, if 
built, will not only furnish adequate transportation facilities for 
one-third to one-half of the people of that city within the next two 
years, but will, in my opinion, prove so remunerative as to pay for 
its construction inside of ten years. 

The cause of municipal ownership in Chicago, instead of lag- 
ging or dropping by the wayside, is being furthered vigorously and 
steadfastly. The demand of the people is being responded to. The 
fight between vested interests and the people is well under way and, 
backed as we are, by public sentiment and the righteousness of our 
cause, I have no fears of the ultimate result. That we will have 
litigation and every other sort of obstacles thrown in our way by 
the private companies and the capitalistic syndicates of New York 
and Chicago, is to be expected. But the wave of public sentiment 
in favor of the ownership of these utilities is sweeping headlong 
over the land. It first manifested itself in the great city by the 
inland seas. But it is sweeping steadily and irresistibly over the 
whole country. 

Chicago is in earnest and when she says, "I will" today, she 
will say, "I have done" tomorrow. That tomorrow, in my opinion, 
will be but a few months away. It may be longer, but the resistless 
force of public sentiment cannot be withstood. Chicago can and 
will accomplish what Glasgow, Liverpool. IManchester, Leeds, Shef- 
field, Hull, Aberdeen, Cardiff, Dundee, Sutherland, Berlin, Vienna 
and Milan and hundreds of other great cities of the world have 
done. 

But when Chicago has accomplished in the way of the mu- 
nicipalization of its street railway systems what I predict it will 
accomplish, it will not, I regret to say, have the proud distinction 
of being the pioneer city of America to municipalize its street car 
systems. For within the last few days, I have read in the Toronto 
World, July 12, 1905, that Port Arthur is a town in Canada that 
so firmly believes in municipal ownership of public utilities that it 
owns its own electric railway, telephone and electric light systems. 

Although Chicago is the pioneer in many things; although it 
is the nerve center of America ; although it accomplishes many 
things that other cities have yet to achieve, it must bow down in 
homage to a little Canadian city on Lake Superior, which in the 



238 DUNNE — JUDGE, MAYOR, GOVERNOR 

year 1905 is owning its own electric railway, telephone and electric 
light plants. 

I confidently predict, however, from what I know of the 
people of Chicago, that it will not lag much longer behind and that 
within a very short time it will have the proud distinction of being 
the first city in the United States to be in actual ownership of its 
own municipal street car system, and when once that great city 
has proved that municipalization of street car plants is an assured 
success, it will mean that hinidreds of other American cities will 
follow in her wake and accomplish an economic revolution to the 
great advantage of the citizens of this country. 



DUNNE — JUDGE, MAYOR, GOVERNOR 239 



FAVORS VOLUNTARY ARBITRATION 
OF LABOR DISPUTES. 

Address on Labor Day, September 4, 1905. 

Mr. Chairman and Gentlemen: 

In England, during the fourteenth century the laboring man's 
wages were fixed by law in a Parliament where he had no repre- 
sentation and it was a criminal offense for a laboring man to leave 
the county in which he dwelt without a letter patent under the 
king's seal expressing the cause of his going and the time of his 
return. To take more or less than the legal wage, imposed upon a 
laboring man a penalty of forty days imprisonment. 

In the fifteenth century, the justices of the peace were empow- 
ered to send writs to the sheriffs of counties for fugitive laborers 
in the same manner as those sent for felons or thieves. In the same 
century, it was held a criminal offense for workingmen to meet and 
confederate. Persons refusing to labor were committed to jail and 
their masters were entitled to a fixed fine to be imposed upon them. 
In the same century, under Henry the Eighth, a laboring man, 
found out of employment, could be sentenced to be tied to the end 
of a cart naked and beaten with whips till his body be bloody by 
reason of such whipping, and this punishment appearing not to be 
satisfactory, they were afterwards condemned to have a piece of 
their right ear cut off. 

Even in the eighteenth century, under George the Second, in 
the case of a dispute between a laborer and his employer, if the 
laborer were found guilty of ill-behavior, he could be sentenced to 
whipping and imprisonment for not to exceed a month. As late as 
1823, in the same country, if a laborer refused to enter employment, 
as agreed upon, or quit before the time of his employment had 
expired, he was subject to imprisonment in the house of correction 
for a term, not exceeding three months. This was the law as late 
as 1867 in England. In 1875 the British Parliament passed an act 
known as ' ' The Employers ' and Workmen 's Act, ' ' which the Prime 
Minister declared was the first act in the history of the country 
which enabled employer and employe to sit under equal laws. 

It is well to contemplate the rapid progress that has been 
made in the labor world from this legalized savagery and injustice 
up to the station which labor now holds in the industrial world. 



240 DUNNE — JUDGE, MAYOR, GOVERNOR 

Great Britain is supposed to iiave been, during the last couple of 
centuries, one of the most civilized countries on the earth, and if 
the laboring man's position was such as we have just found it to 
be in that country, what must it have been in the other coun- 
tries of Europe? 

Today we are engaged in celebrating a holiday which by the 
statute of this State is dedicated to signalizing the dignity of 
labor. Labor Day, by the laws of the land, is placed in the same 
category as the holidays on which we celebrate the birth of the 
Nation and the birth of Christianity. The march of progress has 
resulted in declaring that the product of brain and brawn, of 
mind and muscle, is not the mere result of mastery of one man 
over another, but is the result of an exchange of commodities by 
virtue of contract and that labor, as well as capital, has its rights 
and must have its protection under equal laws. 

In more recent years, the march of events has demonstrated 
that the hours and price of labor are not always fixed and cannot 
always be fixed by legislation or contracts between individuals. 
The twentieth century is the age of amalgamation, of consolida- 
tion and of cooperation. The price and hour for labor and other 
conditions under which labor works are now largely fixed, not by 
individual contract or by legislation but by treaties between great 
consolidation of employers on the one hand and great consolida- 
tion of employes on the other. Capital has consolidated, as it has 
the right to do. Labor has consolidated, as it has the right to do. 
And as a result, great combinations of employers meet with great 
combinations of employes and, by agreement or treaty between 
these great consolidations, the hours and price of labor are now 
fixed in the industrial world. 

It is idle to discuss how or what circumstances have brought 
about these great industrial consolidations which have compelled 
the making of contracts between great bodies on both sides. These 
combinations are here and it would appear from the tendency of 
modern times, they are here to stay. Such being the case, it is 
probably proper for us to discuss, in the interest of good govern- 
ment and good order, the elements which should be incorporated 
in such agreements or treaties under which wages are fixed and 
hours determined. 

No matter how carefully such agreements may be drafted and 
entered upon, it is not always possible to provide for contingencies 
that may arise in the future, and where disagreements do arise 
between employers and employes, it has been unfortunately the 
ease that either the strike or the lockout has resulted, and strikes 
and lockouts entail serious consequences to both parties and entail 
very frequently great burdens upon the general public. It is the 



DUNNE — JUDGE, MAYOR, GOVERNOR 241 

part of wisdom then, both on the part of employers and em- 
ployes in entering into agreements or treaties under which the 
hours, wages and conditions of employment are fixed, to provide 
in all cases that, whenever a dispute arises with reference to the 
interpretation of the contract or wdtli reference to new exigencies 
arising thereafter, all such disputes should be settled by an agreed 
board of arbitration. Such a provision entails no sacrifices of 
dignity and its incorporation in the contract or treaty must neces- 
sarily give an opportunity to either or both parties to the contract 
to avoid the resort to such a war measure as a strike or a lock- 
out, and when such a provision is incorporated, as I am glad to see 
it frequently is in labor contracts, it should be the bounden duty 
of every organization, corporation and individual party to such 
a contract to see that it is religiously observed. The individual, 
corporation or association which makes such an agreement that 
would repudiate its terms, ought to be regarded as unfit to deal 
with in all future contracts. 

Labor and capital will both make themselves respected by a 
strict adherence to their contracts and must injure themselves, in 
the estimation of the public, by a repudiation of such provisions. 
Therefore, do I say, men in the industrial world, whether you be 
employers or employes, in all your contracts relating to the em- 
ployment of labor, be sure that you have a provision which pro- 
vides for the arbitration of all disputes, and when you have such 
a provision and disputes arise, follow the terms of your contract 
without resorting to the strike or the lockout. 

In nearly every other affair of life outside of the difficulties 
between capital and labor, the law provides legal tribunals, which 
are simply courts of arbitration. A man must arbitrate, under 
the law of this State, whether the bonds which bind him in matri- 
mony shall remain in force or be loosened ; whether he shall have 
the custody of his own flesh and blood; whether he shall receive 
aught under his father's will; whether he shall be a prisoner or 
a freeman. Why not, then, provide voluntarily for tribunals 
of arbitration in matters relating to the employment of labor? 
I am not advocating a compulsory arbitration law but I am most 
earnestly advocating voluntary arbitration in all matters of in- 
dustrial disputes. 

The laws of this State and of other states encourage arbitra- 
tion. In some countries, it is made even compulsory. While I 
am not prepared at the present time to advocate compulsory ar- 
bitration of industrial disputes, I am of the opinion that our law 
creating a State Board of Arbitration might be wisely amended 
so as to permit of action by the said board upon the application 



242 DUNNE — JUDGE, MAYOR, GOVERNOR 

of the Governor, the mayors of cities, or by any considerable 
number of citizens not engaged in an industrial controversy. 

Under the law, as it at present stands, no finding can be made 
by the Board of Arbitration with reference to the merits of any 
controversy, unless either or both parties to the controversy 
make written application to the board and file with the said board 
an agreement to continue in business or at work without a lock- 
out or a strike until the decision of the board is rendered. Indi- 
viduals and corporations, in the heat of controversies, are fre- 
quently so headstrong and unreasonable as to decline to make 
such applications or agreements. The general public is compelled 
to stand by and see these lamentable industrial struggles carried 
on to the injury of the whole community. 

It would seem to me the public itself, or its duly elected of- 
ficials, ought to be permitted, through the State Board of Arbi- 
tration, in all such disputes, to take evidence and ascertain the 
cause, the origin and the merits of the controversy, even if the 
board does nothing but publish the result of its investigation. If 
such powers were given to the State Board of Arbitration to act 
upon the request of public ofncials or the request of a large num- 
ber of disinterested citizens and to compel the attendance of wit- 
nesses and the production of papers under oath, and publish its 
findings, it would tend to discourage many of the controversies 
that unfortunately arise between capital and labor. 

The world has just w^itnessed the glorious spectacle of the 
President of the United States bringing about the cessation of 
the greatest war of modern times. The same spirit which 
actuated this great man should find a place in the hearts of his 
fellow citizens in the endeavor to avoid such lamentable strug- 
gles as have occurred in the labor world in recent years. 



DUNNE — JUDGE, MAYOR, GOVERNOR 243 



W. J. BRYAN. 

Address Delivered at the Jefferson Club, Chicago, 
September 12, 1905. 

Mr. Chairman and Gentlemen: 

We have met tonight to do honor and wish bon voyage to our 
distinguished and admired guest. Colonel Bryan. Wherever Demo- 
crats assemble throughout the length and breadth of this great coun- 
try, the presence or name of our distinguished guest is ever received 
with, enthusiasm and acclaim, and nowhere within the United States 
has he received, or will he continue to receive, a more cordial recep- 
tion than in the city of Chicago. 

We admire the man because we recognize in him the first great 
figure in the national life of the Nation that opened war upon mo- 
nopoly and special privilege in 1896. We admire him because, when 
in 1900 he was tendered the practically unanimous renomination 
for the Presidency — an honor for a defeated candidate seldom if 
ever before accorded in the history of the country — he had the 
courage and loyalty to his convictions to refuse that nomination 
unless the platform on which he was to run reenunciated the con- 
victions and principles which he believed to be right and for the 
best interests of the people of the United States. 

We admire him even more because of the fact that in 1904, 
although he was in a decided minority in the great national conven- 
tion at St. Louis, he had the courage to stand forth and denounce, 
within the conclaves of his own party, the acts and doings of men 
that he believed to be a fraud upon the electorate and a scandal to 
Democracy. We admire and respect him because at all times and 
under all circumstances and in every place in which he found him- 
self, he has stood for purity in politics and placed man before 
mammon. 

Whether in victory or in defeat, he has always stood for the 
right, and the man who so acts must always earn, as he has earned, 
the respect and confidence of his fellow countrymen. And now 
that he is leaving us for a trip abroad, our good wishes go with him 
and we ask him in his travels abroad, to note well the advantages 
and disadvantages of governmental institutions and to bring back 
to us the benefits of his observation and experience. 



244 DUNNE — JUDGE, MAYOR, GOVERNOR 



WILL VETO CERTAIN STREET RAIL- 
WAY FRANCHISES. 

Statement to the Public, September 28, 1905. 

I believe I have my thumb on the public pulse. The council 
will feel the beat of that pulse before it gets through. The meet- 
ings at which I have spoken during the past w^eek have satisfied 
me that the people are with me. Some of the demonstrations 
were extraordinary, especially the meetings held last night. 

I meant what I said at those meetings. I repeat that if I 
am wrong, let the people turn me out. If the council is wrong, 
turn it out. 

I have been informed that the council will attempt to pass 
the tentative ordinance. I shall veto it of course. If I failed to 
do so, I ought to be driven out of town, after the stand that I 
have taken on municipal ownership. 

I believe, however, that some of the councilmen will see a 
great light before long, if they have not seen one already. Their 
constituents will begin to pour a few hints into their ears. The 
city government is double barreled, as I said in my speech, and 
I trust that the council barrel will line up with mine. When it 
does we will be able to start building a power house in prepara- 
tion for a municipally owned railway. 

One misapprehension that I want to correct is the idea that 
I have set any definite time in which municipal ownership can 
be obtained. There have been various statements on the subject. 
I was quoted as declaring in an alleged speech in Cleveland that 
municipal ownership was a possibility within five months. I 
never made a speech in Cleveland. I prefer to have no dates 
mentioned. It is impossible to say at just what time the people 
of Chicago will be riding in their own municipally owned street 
cars. That depends on how the council acts in the matter. 

It will take about two years to build a power house. As 
far as trackage is concerned, it is as simple a matter to build 700 
miles as seven. It is simply a question of men. 

I am afraid that the loop ordinance will not be in a condition 
to submit to the councilmen tomorrow. My attorneys inform 
me that there are some legal hitches to contend with. I have 
practically decided to defer taking the initiative in traction 
matters. I want to give the local transportation committee time 
to act. 



DUNNE — JUDGE, MAYOR, GOVERNOR 245 



WHAT CHICAGO NEEDS TO BECOME 

GREAT. 

Address Delivered at the Mayor's Dinner, October 7, 1905.. 

Mr. Toastmaster and Gentlemen: 

Your organization initiates tonight, under the name of the 
"Mayor's Dinner," an annual celebration of Chicago day, that 
day being intended as an anniversary of Chicago's great fire of 
October 9, 1871. It is your intention, as I understand it, to com- 
memorate, on each October 9, the great fire of Chicago by the 
giving of a public banquet to be known as the "Mayor's Dinner," 
at which the merchants and business men of Chicago will meet 
with the executive of the city and the heads of its departments 
for the purpose of bringing about a closer relationship between 
the political government of Chicago and its business interests. In 
my judgment, your object is a commendable one. 

The merchants and business men of a great city should at 
proper times confer with its political officers, give free and full 
expression to their views with relation to the general good of the 
city, and encourage an expression of views from the city officials 
with reference to its political and commercial welfare. The 
mayor of a great city and the heads of its departments should, 
on proper occasions, be ready to interchange a free and full ex- 
pression of views with the commercial interests of the city and 
to impart and receive information which may redound to the good 
of the municipality. 

Understanding that this is the object of the annual "Mayor's 
Dinner," which is inaugurated tonight, I am pleased to be present 
and to meet so many of my fellow citizens who stand high in the 
commercial world of the city of Chicago. Next to his country, 
every citizen, dwelling in a city, should have the particular in- 
terests, of his city at heart. And I have yet to meet a Chicagoan 
who is not proud of his city — proud of its past history, proud of 
its present and hopeful and sanguine of its future. 

We are met tonight to consider primarily what is for the 
best interests of this great and growing city ; what are its draw- 
backs, if any, and what measures we can devise and further to 
insure its future development and prosperity. 



246 DUNNE — JUDGE, MAYOR, GOVERNOR 

Chicago, in my judgment, is the greatest city of America, 
not in population or in wealth, but in energy, activity and vital- 
ized ambition in both commercial and economic directions. It is 
the nerve center of America from which pulsates and throbs the 
advanced thought and energy of the American people. It is a 
city of palaces and of hovels, a city of churches and of charnal 
houses, a city of millionaires and mendicants, into which has 
poured the children of every race and clime upon earth, and it 
has been rapidly assimilating all classes of people into good 
American citizenship. It is the theatre of political action. It is 
the center of political economic thought. It is the city of courage 
and determination. 

We all love Chicago and heartily wish for its future pros- 
perity and development. You men, leaders in the commercial 
world of Chicago, are anxious to attract to it the trade and com- 
merce of the Northwest, and I am heartily desirous, and I know 
that the officials of the city of Chicago are equally desirous, of 
aiding your wishes in that direction and no stone will be left 
unturned to assist you in benefiting this city which we love and 
in Avhich we dwell. 

We should encourage in every possible way the holding of 
commercial, fraternal and other conventions in this city. We 
should advertise the advantages and resources of our 'city in 
every possible direction. Because of our magnificent location 
in the center of the Northwest, because of our magnificent railway 
and water facilities, we ought to be able, and we are able, to sell 
merchandise of every character in this city upon as economical a 
basis as any city in America. 

But there are other needs and requirements of the city of 
Chicago besides its commercial needs and requirements. We are 
commercially great and we must become commercially greater. 
But we must also become morally and politically great as well. 

You, gentlemen, engrossed in great commercial enterprises, 
may not have time, and possibly do not have time, to reflect upon 
the political needs of Chicago. 

Chicago suffers from an economic standpoint in many vital 
particulars. We suffer sorely from an inadequate revenue to 
improve our streets, to police our city and to give efficient fire 
and sanitary protection to our citizens, and, in general, to properly 
run the municipal government. Let me call your attention to 
a few figures to substantiate this statement. 

In the past we have been unable to raise sufficient revenue 
to properly run the municipal government. This is shown hy the 
fact that the total debt per capita for the city of Chicago is a 
little over $28, while that of New York is $143, of Philadelphia 



DUNNE JUDGE, MAYOR, GO\^RNOR 247 

$42, of St. Louis $39, of Boston $148, of Baltimore $75, of Cleve- 
land $53, of Buffalo $51, and of Pittsburg $76. Of the ten largest 
cities in the United States, the total debt per capita in Chicago 
is less than that of any except San Francisco. 

The general property tax per capita in Chicago in 1904 was 
$9.32, while that of New York was $19.36, of Philadelphia $13.37, 
of St. Louis $13.88, of Boston $28.01, of Baltimore $11.16, of 
Cleveland $12.49, of Buffalo $11.48, of San Francisco $13.12, and 
of Pittsburg $15.20. In other words, the general property tax 
of Chicago is less than that of any of the ten largest cities in 
the United States. Is it at all surprising that, with such scanty 
revenue in the past and at present, the city of Chicago presents 
comparatively unclean and dilapidated streets to the strangers 
within our gates? 

The administrative government of the city of Chicago during 
the last year was able to expend only 79c per capita of its popu- 
lation to run the municipal government, while New York spent 
$1.84, Philadelphia $1.54, St. Louis $1.27, Boston $2.22, Balti- 
more 90c, Buffalo 98c, San Francisco $2.17, and Pittsburg 90c. 
Only one of the ten great cities of the United States expended 
less for the general administration of its government, and that is 
the city of Cleveland. 

Ought you to reasonably expect the police force of the city to 
adequately protect your lives and property when you are in- 
formed that there are only 68 policemen in Chicago to every hun- 
dred miles of streets, while in New York there are 304, in Phila- 
delphia 151, in St. Louis 128, in Boston 186, in Baltimore 79, in 
Cleveland 126, in Buffalo 118, in San Francisco 89, and in Pitts- 
burg 106 ? Chicago should have at least one thousand additional 
policemen to properly police the city. 

Ought you to reasonably expect to have as efficient fire pro- 
tection in the city of Chicago, w^here the expenditure per capita 
is 94c, as you would have in a city like New York, where they 
spend $1.57 per capita, or in Philadelphia where they spend 90c, 
or in St. Louis where they spend $1.41, or in Boston where they 
spend $2.21, or in Cleveland where they spend $1.47, or in Balti- 
more where they spend $1.74, or in San Francisco where they 
spend $2.74, or in Buffalo where they spend $1.47, or in Pittsburg 
where they spend $1.58? You know that it is unreasonable and 
that it cannot be expected. 

Have the citizens of Chicago the right to expect that its sani- 
tary department could be efficiently and properly managed when 
the appropriation made per capita is 8c per annum, while New 
York spends 34c, Philadelphia 25c, St. Louis 24c, Boston 32c, 
Baltimore 18e, Cleveland 18c, Buffalo 10c, San Francisco 27c, and 



248 DUNNE — JUDGE, MAYOR, GOVERNOR 

Pittsburg $1.02. And yet, strange to relate, the death rate in 
Chicago is the lowest of any of the ten great cities in the United 
States. 

To further emphasize my claim that the city of Chicago is 
most inadequately supplied with the means of running a munici- 
pal administration, I would call attention to the fact that the 
total payments for general municipal purposes per capita for the 
last year in Chicago were $10.87, while that of New York was 
$23.37, Philadelphia $14.58, St. Louis $16.35, Boston $33.27, Balti- 
more $13.13, Cleveland $13.40, Buffalo $14.02, San Francisco 
$17.34, and Pittsburg $15.84. 

The crying need of Chicago at the present time is for an ade- 
quate revenue to enable it to have an efficient police force, an 
efficient fire department and well equipped bureau of health, an 
efficient department of public works and a general adequate 
equipment of its other departments. This lack of revenue arises 
from two causes : first, the limitation upon our bond issuing 
power, and second, from the fact that, for some reason or other, 
much of our property escapes taxation. 

Chicago needs greater revenue equitably distributed over its 
property owning citizenship. 

And yet, while Chicago has a much smaller per capita revenue 
than any of the other great cities of the United States and while it is 
crippled financially, an immense amount of public property is being 
used by private persons and corporations without compensation 
to either the city or the State, and w^hen a demand is made by the 
city authorities to collect for the use of such public property by 
private persons or corporations, an outcry is raised by the parties 
interested as though an act of injustice was being perpetrated. 

The use of public property by private persons and corpora- 
tions without compensation has gone on in this city so long and 
so extensively that these private persons and corporations have 
reached the conclusion that they have the right by prescription 
to continue that abuse forever. 

Public property, the rental value of which, per annum, would 
reach probably into the hundred thousands, has been and is now 
being used by private individuals and corporations without re- 
muneration to the public. Chicago demands that this inequit- 
able, unfair and unjust use of public property without compensa- 
tion shall cease. 

There is another need of Chicago to which I might advert. 
If Chicago is to be really great, it must become morally and 
ethically great as well as commercially great. Not only should 
its citizens be willing to pay for the use of public property when 
they utilize it, and be compelled to pay for it if they are unwilling 



DUNNE — JUDGE, MAYOR, GOVERNOR 249 

to do SO, but the will of the people, as expressed at the ballot box, 
should be binding upon the conscience of the public. Ovir Legis- 
lature has wisely enacted a law permitting the people to express 
their wishes upon questions of great public interest at the ballot 
box. In so doing, the Legislature recognizes that this is a repub- 
lic and that the will of the people is supreme. 

A true republic is that in which all citizens have the right to 
be heard in the enactment of laws and the shaping of the policies 
of the government. In republics of small population, this can be 
done in general councils of the people which all the people may 
attend and at which they may record their votes. But in a great 
republic, such as ours, it is a physical impossibility for all the 
people to assemble and vote in person. Our Legislature, therefore, 
patterning after the Republic of Switzerland, has devised a wise 
and honest method under which the people can express their views, 
not in conventions but at the ballot box. And when the people have 
so expressed themselves at the ballot box, it should be the duty of 
all good citizens to bow to the will of the people and carry out their 
behests in their city councils. 

If Chicago would become really great, it must become morally 
great enough to recognize that the will of the people, as expressed 
at the ballot box, must be obeyed until that will is changed or modi- 
fied. So, I say to you gentlemen, that, to make Chicago the greatest 
city in the land, we must not only encourage trade within its gates, 
and trade towards its gates, but we must also provide for a revenue 
adequate to carry on its government efficiently and secure just and 
fair distribution of taxation, but, in addition, recognize the binding 
force of the public will as expressed at the ballot box. 

All these things must and will come and it is our duty, as 
citizens who love this city and heartily hope for its future continued 
development and prosperity, to wish that that time shall come as 
speedily as possible. 

That man or men, who would retard the commercial growth of 
Chicago or fail to forward it, is a poor citizen. That man or men 
who would hamper it in the collection of its honest demands for 
revenue equally distributed is a bad citizen, and he who would 
thwart the will of the people as expressed at the polls, or attempt 
to thwart it, is a dangerous citizen. 

Let us all work for the growth of the city's trade and com- 
merce, for the equal enforcement of the laws, for good government, 
and for the preservation of republican institutions in our city by 
obedience to the will of the people as expressed at the polls. Thus 
will Chicago become really and truly great. 



250 DUNNE — JUDGE, MAYOR, GOVERNOR 



HIS OBJECTIONS TO PROPOSED TRAC- 
TION MERGER. 

Statement in the Record-Herald, October 9, 1905. 

The proposed ordinance of the Chicago City Raihvay Company 
is most objectionable in many features and violative of the people's 
rights in and to the people's streets. 

First. It is a bold, bald defiance of the expressed will of the 
people as indicated in the election of April, 1905, in that it grants 
a twenty-year franchise to the Chicago City Railway Company. 

Second. The ordinance is vicious in that it requires the com- 
pany to build tracks only upon such streets as it now is operating on, 
and in addition thereto, only three miles of double track or six miles 
of single track each year during the continuance of the ordinance, 
irrespective of the needs of the people in the way of additional 
trackage produced by a rapid growth of population. 

Third. I can find no provision in this proposed ordinance for 
any definite time in which the reconstruction of the road must be 
completed. 

Fourth. Under section 4, the company is empowered to connect 
its conduits, poles and wires with any transmission or feeder wires 
of any individual or corporation in the city without any provision 
therein for notification to the city as to where such wires shall be 
run or making it requisite to get a permit from the commissioner 
of public works. 

Fifth. Section 5 provides that the city shall have the right dur- 
ing the term of the ordinance to use the polls of the company to 
carry its signal, telephone, telegraph and electric light wires and 
lamps, but the ordinance is silent as to whether or not the city shall 
pay any compensation therefor. 

Sixth. Section 6 practically gives to the Chicago City Railwaj^ 
Company a monopoly in the use of the poles in that it authorizes 
the company to lease the use of the same to other companies for 
such compensation as it may be able to exact from such other com- 
panies. In the contract plan, proposed by myself, the city has the 
power to require the company to permit the use of its poles by 
other companies upon the payment of a fair proportion of the cost 
of the maintenance of the poles. 



DUNNE — JUDGE, MAYOR, GOVERNOR 251 

Seventh. Section 15 provides for the nse of free tickets for city 
detectives, policemen and firemen. Bnt it does not include that 
most deserving and moderately paid class of men entitled to sucn 
privileges, to-wit: the letter-carriers of the United States Govern- 
ment. 

Eighth. Section 16 provides for the removal of dead tracks and 
declares that "failure to operate cars for the carriage of passengers 
at least once each day within every hour of each day between the 
hours of six a. m. and eight p. m. over any street * * * shall 
be treated as cessation of operation." 

A reasonable ordinance should provide for the operation be- 
tween five a. m. and midnight, and further provide that the city 
council should have the right to insist upon all-night cars upon 
all streets where traffic would justify the operation of the same. 

Ninth. Section 17 purports to provide for the issuance of trans- 
fers, but excepts from its provisions the lines north of Twelfth 
Street. "Why that portion of the lines should be excepted I cannot 
understand. The same exception is made in section 18. 

Tenth. Section 20 provides for compensation to be paid to the 
city, to-wit: for the first three years, three per cent; for the next 
two years, five per cent ; for the next ten years, seven per cent ; 
and for the last five years, ten per cent. This is an average of 
six and nine-tenths per cent for the whole period, but for the first 
fifteen years of the grant the average compensation is less than six 
per cent. From this, however, must be deducted all taxes, license 
fees and other revenues now derived by the city from the company. 
Deducting these taxes, license fees and revenues now paid by the 
companies to the city, it would leave the compensation to be paid 
to the city of Chicago for the first year of the grant only about 
$40,000. 

The grossly inadequate character of this compensation to be 
paid to the city is manifest upon its face. The proposition of the 
Chicago City Railway Company to pay to the citizens of Chicago 
for the use of their streets for the first fifteen years of its franchise 
less than six per cent of the gross earnings of the company, less the 
taxes and license fees, would probably reduce the net compensation 
to be .paid to the city to between four and five per cent. In view 
of the fact that the net earnings of the company during the whole 
of this period, based upon experience, as disclosed in reliable statis- 
tics for well equipped modern roads in large cities, would be some- 
where between thirty-five per cent and forty per cent of the gross 
earnings, this offer of the conipany of compensation to the citizens 
of Chicago is an insult to their intelligence. 

The most valuable asset of a street railway company is its 
twenty year franchise. During the twenty years preceding 1903 



252 DUNNE — JUDGE, MAYOR, GOVERNOR 

the traction companies of the city of Chicago, upon but a twenty- 
year franchise granted in 1883, capitalized their bonds and stocks 
for the sum of >[>117,000,000, or thereabouts. The tangible prop- 
erty owned by them, as shown by the report of Bion Arnold, was 
worth less than $27,000,000. In other words, upon franchises 
of twenty years, granted to the companies by the city of Chicago, 
with an addition thereto of tangible property now worth less than 
$27,000,000, the franchise and tangible property became worth 
$117,000,000 or over four times the present value of the tangible 
property. Deducting $27,000,000, the value of the tangible prop- 
erty, from $117,000,000, it wdll be seen that the franchise for 
twenty years was worth $90,000,000. And so the people of the 
city of Chicago contributed to the enterprise a franchise worth 
$90,000,000, wdiile the companies only invested sufficient to pur- 
chase property now worth $27,000,000. 

The people are now asked to give to the Chicago City Railway 
Company a franchise for another twenty years, which franchise 
will be worth certainlj^ much the greater part of the total value 
of the whole line when equipped. The Chicago City Railway 
Company proposes to equip the line, which, judging from past 
experience, will cost much less than one-half of the total value 
of the property when completed. The city of Chicago, in other 
words, is asked to enter into a copartnership with the Chicago 
City Railway Company and give to that company a franchise 
worth much more than the value of the tangible property which 
Avill be furnished by the company and to receive as compensation 
therefor for the first fifteen years five per cent of the gross re- 
ceipts, while the company, which contributes less than one-half 
of the capital in tangible equipment, will take as its share of the 
earnings somewhere between thirty per cent and thirty-six per 
cent of the total income. 

This is the proposition which the Chicago City Railway Com- 
pany makes to the representatives of the people sitting in the 
council chamber, and which it has the temerity to ask those rep- 
resentatives of the people to accept. That company must as- 
sume that the mayor and the city council are either bereft of good 
judgment or disloyal and faithless to the people who elected .them 
to office, if it expects such an inequitable proposition will be ac- 
cepted by them for and in behalf of the people. 

Eleventh. Section 23 purports to provide for forfeiture of the 
company's rights in case it shall make default in the performance 
of its agreements and obligations under the ordinance. But it 
is certainly a most extraordinary method of forfeiture, for it 
provides that, before any forfeiture can be made, the default of 
the company must continue for six months after written notice 



DUNNE — JUDGE, MAYOR, GOVERNOR 253 

of the default shall be given to the company by the city as well 
as to the company's trustee or mortgagee. In other words, under 
the provision, the company might violate any and all of its obli- 
gations and continue to violate any and all of its obligations until 
the city should serve written notice upon it, calling its attention 
to the same, and thereafter under this remarkable provision the 
city railway might continue in its violation of obligations and 
agreements for a full six months before the eit}' could oust it from 
its possession of the streets. 

It might on the last day of the six months begin to again 
perform its obligation to the city and continue the performance 
thereof for a iew days, and then again make default, in which 
event the city would be compelled to serve another six months' 
notice upon the company and play this game indefinitely, so that 
the city would practically be without remedy by way of forfeiture. 

Twelfth. Section 26 provides for the purchase of the rights 
of the company by the city and compels the city, at any time it 
seeks to take possession of the company's propertj^ to pay a fair 
cash value for all the then unexpired rights of the company in 
the streets of the city of Chicago, existing at and prior to the 
date of the passage of this ordinance. This language is exceed- 
ingly ambiguous and upon one construction of the same would 
compel the city, if it sought to take possession of the company's 
property at the end of nineteen years, to pay to the company the 
fair cash A^alue of the unexpired rights of the company existing 
at the present time. In other words, whatever the value of the 
unexpired franchises are at the present time, the city would be 
compelled to pay at any time hereafter that it might seek to take 
possession of the property. 

This section also is objectionable in its provisions in regard 
to appraisers who shall fix the value of the property. It provides 
that the third appraiser, who in all probability would be the final 
umpire and arbiter to fix upon values, shall not be a resident of 
the State of Illinois. Why this insult to and disenfranchisement 
of the citizens of this great State? Can it be possible that among 
the 5,000,000 people of Illinois no man can be found who is suf- 
ficiently intelligent, disinterested and honest to act in this 
capacity? 

Again, there is another remarkable provision in this section 
relating to the selection of appraisers. If the parties, in select- 
ing the third appraiser or umpire, cannot agree, then the third 
appraiser or umpire is to be chosen by the chief justice of the 
Supreme Court of Illinois, and two judges, not residents of Illinois, 
of the Circuit Court of the United States, of which the northern 
district of Illinois shall be a nart. 



254 DUXXE — JUDGE, MAYOR, GOVERNOR 

The Chicago City Railway Company seems to have conceived 
a great affection and preference for the judges of the Circuit Court 
of the United States for the circuit of which the northern dis- 
trict of Illinois shall be a part. I would respectfully ask the 
adroit attorneys of the Chicago City Railway Company why they 
have chosen the Federal judges of the Circuit Court of the United 
States of wdiich the northern district of Illinois is a part as being 
the controlling persons fitted to make the selection of the third 
appraiser ? What are the exceptional qualifications of these gen- 
tlemen ? 

Thirteenth. Section thirty contains a provision providing for 
an alleged referendum of the ordinance to the people. It is so 
craftily and ingeniously drawn, however, as to make it practically 
worthless. In the first place, the section provides that the or- 
dinance shall take eft'ect from and after its acceptance by the 
company without waiting for any referendum of any character. 
In other words, the ordinance goes into force at once without 
waiting for a referendum and then provides that, if certain things 
shall happen, the ordinance shall cease to be operative. 

The ordinance remains in effect unless the question as to the 
continuance in force of the same shall be submitted to a vote of 
the electors of the city of Chicago under the public policy act at 
the municipal election, to be held in the city in April, 1906, and a 
majority of all the electors shall vote against the continuance in 
force of this ordinance. In other words, it throws the burden 
upon people of getting up a petition, of seeing that all the names 
upon this petition are valid, that all of the signers are legal voters, 
that they have complied with all the requirements of the law, that 
the petition is filed within the proper time and that it is properly 
worded as to form, that it is placed upon the ballot by the com- 
missioners at the proper time and in the proper place and that a 
majority of all the electors — not a majority of those voting upon 
the proposition — shall vote against the continuance in force of 
the ordinance. 

It throws all the burden of mistakes, inaceurac}- and omission 
upon the people, and over and above all, it is very questionable 
in law if the ordinance went into full force prior to the taking of 
this referendum, whether the ordinance could be invalidated by 
any act of the electors after it became a binding contract between 
the city and the company. If the council and the mayor should 
permit the passage of this ordinance, grossly unfair as it is to 
the people and \'iolative of their rights in the streets, and in de- 
fiance of their opinion already expressed at the polls, and the 
people should rely upon this provision of the ordinance, in my 
judgment, they would be relying upon a broken reed. If 199,000 



DUNNE — JUDGE, MAYOR, GOVERNOR 255 

of the 400,000 voters of Chicago should vote against the or- 
dinance and only 10,000 vote in its favor, the ordinance would 
still stand. 

The ordinance is defective and fails to protect the interest of 
the public in many other particulars. I am informed by a me- 
chanical expert that section nine is defective in not requiring the 
company to renew worn out tracks, whether in paved or unpaved 
streets with "Trilby" rails, Aveighing at least ninety-five pounds 
to the yard and not requiring that the pavement shall be of gran- 
ite on concrete foundation or such other pavement as the city 
shall from time to time direct. 

From the same soui'ce I am advised that section ten is de- 
fective in not requiring that pavements shall be kept not more 
than one-eighth of an inch below nor more than one-half an inch 
above the rails. 

The ordinance is further defective in that I fail to find in it 
any requirement for schedules or other reasonable service such as 
the council might from time to time direct. Such a provision 
should be inserted in any ordinance giving a franchise to a street 
railway company. I can find no provision in the proposed or- 
dinance relating to service which requires the company to run 
more than one car per hour on any of its lines. 

But the most important of these other defects is that there is 
no provision whatever in this ordinance, from beginning to end, 
that the meager compensation paid by the company to the city 
shall be preserved as a sinking or purchase fund for the purchase 
of the property of the company by the city at any time hereafter 
when it attempts to exercise its alleged purchase rights in the or- 
dinance. The meager compensation provided to be paid it to be 
paid into the city treasury without any restriction as to its use 
and without having impressed upon it a trust character to be used 
for purchase purposes only, and it can be, and if this ordinance 
is passed, I predict it will be, dissipated and used for other pur- 
poses. 

If the city officials have the right to use this money for any 
and all purposes, it is highly probable that in the city of Chicago, 
where there is so much need of the use of money for corporate 
purposes in the way of improvements, that any funds paid into 
the public treasury without being impressed with a trust char- 
acter will be used for the building of a new city hall or for other 
necessary corporate purposes. And if the demands of the city 
for general corporate purposes do not bring about the dissipation 
of such funds, it would be in the interests of the men owning and 
operating the Chicago City Railway Company to suggest methods 
to the city authorities for dissipating this fund so that at no 



256 DUNNE — JUDGE, MAYOR, GOVERNOR 

time during the life of this ordinance would the city be in a posi- 
tion to buy. The city would have on hand no sinking fund, and, 
therefore, could not purchase the company's property under the 
terras of the ordinance except by the sale of Mueller certificates. 

The whole ordinance, in my judgment, is but a thinly dis- 
guised replica of the so-called tentative ordinance or an or- 
dinance more dangerous and prejudicial to the people than the 
so-called tentative ordinance which was buried by the people by 
an overwhelming vote only six months ago. 

The people of Chicago have declared most emphatically 
against the passage, not only of the so-called tentative ordinance, 
but of any ordinance extending the franchises of the present com- 
panies. This ordinance would not only extend the franchises of 
the present companies for the utmost limit permitted under the 
law, but would do it in a manner so grossly indifferent to the 
people's rights as to warrant a most unqualified condemnation of 
the same. 



DUNNE — JUDGE, MAYOR, GOVERNOR 257 



DENIES HE INTENDS TO RESIGN AS 

MAYOR. 

Letter to the Boston Magazine, November 10, 1905. 

Dear Sir : In answer to your letter of November 8, 1905, I 
would say that I am not at all surprised that the Associated Press 
is sending to eastern newspapers many dispatches, declaring that I 
have practically given up the idea of the municipalization of the 
street railways of Chicago and that I contemplate resigning my 
position very shortly. 

Ever since I have taken office my position has been misrep- 
resented by both the Associated Press and the newspapers of this 
city. It is wholly untrue that 1 have abandoned the idea of 
municipalizing the street railways of Chicago, and the statement 
that I am about to resign is maliciously false. Neither assertion 
is warranted by anything that I have ever said or done. 

On the contrary, I am confident that the will of the people, 
as expressed at the polls, will be carried into effect sooner or 
later in this city. 

I have been hampered by a hostile council and a hostile press. 
When I was first inducted into office, I had to face one of the most 
widespread and exasperating strikes that has ever existed in this 
city. It lasted 105 days and was in force two days before I was 
inaugurated. 

During the strike I appointed special traction counsel to 
inquire into the legal aspects of the traction question, and discov- 
ered, within sixty days after I took my seat, that 130 miles of 
trackage out of a total of 700 are being operated after the expira- 
tion of the franchise thereon. 

On July ^ I sent a message to the council calling their atten- 
tion to that fact, and to the further fact that before November 
1, 1908, 274 miles of the total trackage of the city would be lying 
upon the streets upon which the franchises would expire by that 
date. 

In the same message I called the attention of the council to 
the fact that municipal ownership could be put into operation in 
only one of two ways : first, by the issuance of Mueller certificates 
under the Mueller law, which would necessitate the submission 
to the people of the question as to whether or not these certificates 



258 DUNNE — JUDGE, MAYOR, GOVERNOR 

should be issued, entailing a delay of at least six months or more, 
during which the validity of the Mueller certificates could be 
tested in the Supreme Court of the State. These serious delays 
might prevent our placing municipal ovrnership in force until my 
term of office expired, in two years. 

The other plan contemplated the creation of a construction 
company, composed of five men of integrity and business char- 
acter, whose views were favorable to municipal ownership. These 
men, according to the plan, were to incorporate a corporation 
which would act as a constructing company for the city. When 
incorporated, the company should receive a charter for twenty 
years, empowering it to build, construct and operate until it was 
paid the cost of construction, the company to bind itself to submit 
all plans, specifications, etc., for the construction of the road to 
the city council and have the same approved, and to issue suffi- 
cient bonds to enable it to build the road, the bonds not to exceed 
the cost of the road and to bear five per cent interest. 

All the profits of operation over and above five per cent 
should be paid into a sinking fund to the credit of the city of 
Chicago ; the managers and directors of the company, those acting 
in the interest of the city, to receive no return upon their stock 
and no emoluments of any character except reasonable compen- 
sation for their services, to be agred upon by the company and the 
city council. 

Thus would be created a construction company which, upon 
the faith of a twenty year franchise, could raise sufficient money 
by the issuance of bonds to build a road immediately. The city 
would obtain the benefit of all profits from the operation of the 
road at once, and the company could receive no profit except the 
interest upon the money invested. 

Both of these plans were submitted to the city council on 
July 5, 1905, and referred by the council to the committee on 
transportation. I expressed my preference for the construction 
plan, which I called the "contract plan", but the council has 
taken no action on either plan. 

After waiting for three months for some action, I sent several 
messages to the council, calling their attention to the vote of the 
people as expressed at the polls, and I respectfully urged them to 
take action according to the people's desire. They have absolutely 
refused to pay any attention to the same, and the transportation 
committee, which has the matter in charge, upon its own initiative 
has invited the present traction companies to present forms of 
ordinances for the rencAval of their franchises for twenty years. 
They are hurrying through these ordinances Avith the utmost ex- 
pedition at the present time. 



DUNNE — JUDGE, MAYOR, GOVERNOR 259 

Every move I have made in the council in favor of municipal 
ownership has been defeated by majorities of from 47 to 42 to 
18 to 22. I am practically powerless so far as the council is con- 
cerned. The council, however, has agreed to pass no ordinance that 
shall not provide for a referendum before the people. I am very 
confident that when the extension ordinances are submitted to the 
people they will vote them down next spring. 

I have prepared and presented to the council an ordinance in 
favor of municipal ownership on which the people will vote at the 
same time. 

In addition to having an unfriendly council, I am further 
handicapped by the fact that every paper in the city, except the 
Hearst papers, is doing all it can to thwart municipal ownership, 
and all the banking interests and capitalists of the city seem to be 
in league to prevent the consummation of municipal ownership in 
this city. 

None the less, I believe the people will insist upon carrying out 
their wishes already thrice expressed at the polls. I have kept 
every pledge that I made to the people, and intend to fight this 
thing out to the end, notwithstanding all of the misrepresentation, 
vilification and abuse that may be showered upon me and the cause 
I was elected to further. 

Very truly yours, 

E. F. Dunne. 
Frank Putnam, Esq., 

The National Magazine, 
Boston, Massachusetts. 



260 DUNNE — JUDGE, MAYOR, GOVERNOR 



MAKES A DEMAND UPON THE CITY 
COUNCIL. 

Message Demanding Action on Car Franchise, November, 1905. 

To the Honorahle, the City Council: 

Gentlemen : At the last municipal election, held April 4. 1905, 
there appeared on the little ballot the following question to the 
voters of the city : 

' ' Shall the city council pass any ordinance granting a franchise 
to the Chicago City Railway Company?" 

Upon this question 151,974 voted "no" and 60,020 voted "yes." 
There also appeared at the same time the question : 
"Shall the city council pass any ordinance granting a franchise 
to any street railroad company ? ' ' 

Upon this question 152,135 voted "no" and 59,013 voted "yes." 
The local transportation committee of your honorable body, 
instead of considering plans, submitted by me in my message of 
July 5, for the purpose of bringing about municipal ownership of 
street railways, is now engaged in considering certain proposed 
ordinances presented by the Chicago City Railway Company and 
the Chicago Union Traction Company, contemplating the granting 
to the such companies of new franchises for the period of twenty 
years. 

The consideration of these franchise extension ordinances, in 
the face of the vote above referred to, is in defiance of the expressed 
will of the people. For this reason, I respectfully recommend that 
your honorable body direct the local transportation committee to 
cease consideration of the said proposed franchise extension ordi- 
nances, and further to report to this council at its next meeting the 
ordinance submitted by me and attached to my message of July 5, 
1905, commonly known as the ' ' contract plan. ' ' 

I herewith submit an order to that effect and respectfully urge 
your honorable body to pass the same without reference to a com- 
mittee. 

Respectfully, 

Edward F. Dunne, Mayor. 



DUNNE — JUDGE, MAYOR, GOVERNOR 261 



REGARDING THE UNIVERSAL GAS 
COMPANY. 

Message to the Chicago City Council, December 18, 1905. 

To the Honorable, the City Council: 

Gentlemen : I beg to call the attention of your Honorable Body 
to the status of Universal Gas Company in its business relationship 
with the city of Chicago. 

This company was incorporated under the laws of the State of 
Illinois in 1894 and on July 23, 1894, was granted, by ordinance, 
the right to manufacture and sell gas within the city of Chicago 
upon certain terms therein specified. 

The following, among other conditions, were imposed upon said 
company by said ordinance: 

First. So long as said company charged consumers of gas $1.00 
per 1,000 cubic feet, it should pay to the city of Chicago ten per cent, 
of the gross amount received from consumers. 

Second. When said company reduced the price of gas to general 
consumers to 90 cents or less, said company should be released from 
its obligation to pay any compensation to the city. 

Third. That the city of Chicago was to be a special consumer 
and gas was to be furnished to it at 75 cents. 

Fourth. If said company should either directly or indirectly 
enter into any combination with any other gas company concerning 
the price to be charged for gas, its rights under said ordinance should 
be forfeited and all its pipes, mains, plant and appliances should 
become the property of the city of Chicago. 

This company has been manufacturing gas since the year 1895 
and during all of this time it has been selling gas to general con- 
sumers at not less than $1.00 without paying any compensation to 
the city. 

The Universal Gas Company has the largest single gas manu- 
facturing plant in the city and manufactures, as I am informed, 
approximately from 7,000,000 to 10,000.000 cubic feet of gas per 
day, being about one-fourth of all the gas consumed in the entire 
city. The compensation due the city on this output amounts, as I 
am informed, to more than $1,000 per day, no part of which the 
company has paid. 



262 DUNNE — JUDGE, MAYOR, GOVERNOR 

I am advised by counsel that for the purpose of depriving the 
city of these large sums, the Universal Gas Company has entered 
into an agreement with the Peoples Gas Light and Coke Company, 
by the terms of which the Universal Company sells practically all 
its gas to the Peoples Company for less than 90 cents and the 
Peoples Company in turn sells its gas to consumers at $1.00. The 
Universal Company claims that having sold its gas at less than 90 
cents, it is not obliged, under the terms of said ordinance, to pay 
anything to the city. 

The fact that the Peoples Company is now practically the owner 
of the Universal Company sliows that the above arrangement is a 
mere subterfuge for the purpose of evading the payment of the 
compensation to the city under the terms of the Universal Com- 
pany's ordinance. 

The Investor's Manual for the years 1898, 1899, and 1900 shows 
that all the stock of the Universal Company was purchased in the 
fall of 1897 by a New York syndicate acting for the Peoples Gas 
Light and Coke Company. 

In view of the above information that has come to my notice, 
I am advised by counsel tliat the Universal Company has entered 
into a combination with the Peoples Company to fix the price of 
gas in violation of the terms of the above ordinance. 

I, therefore, recommend that the accompanying ordinance be 
passed, directing the Corporation Counsel to institute suits for the 
purpose of forfeiting the rights granted to the Universal Gas Com- 
pany by said ordinance and for an accounting against said company 
and for recovering for the benefit of the city the entire plant of said 
Ui^iversal Gas Company. 

Respectfully, 

E. F. Dunne, Mayor. 



DUNNE JUDGE, MAYOR, GOVERNOR 263 



THE MILITANT CHIEF OF THE SAL- 
VATION ARMY. 

Address on Gen. Booth's Death. 

Mr. Clvfiirman, Ladies and Gentlemen: 

We meet today to do honor to the memory of a great, good 
man who has just passed to his reward beyond the shores of time, 
a man who has left a lasting impress upon the humanity of two 
continents. 

The story of his life is one of the marvels of the age. 

Born poor and compelled, when a boy, to siipport himself 
by daily labor, he early in life developed an ardent religious 
temperament, and after his daily toil devoted his nights to preach- 
ing Christ crucified on the street corners of his native city. From 
choice he sought those portions of the city where the poor, the 
wretched and the wicked mostly congregated and assembled. 
He was a militant professor of Christ from the start. Where men 
and women seemed most irretrievably lost to decency and society, 
there he raised his strident and militant voice, warning of dam- 
nation to the unregenerate and promising salvation to the con- 
trite. 

He fought the forces of hell in the hell holes of the city, soon 
transferring his militant energy to the metropolis of the world. 
Then he entered the ministry of the Methodist Church. Soon he 
finds the rules, regulations and ritual of the church to be a barrier 
to his restless, boundless energy and zeal for conversion. 

The church invited sinners to repent. The church invited 
men and women to enter its portals. He found in the purlieus of 
the great cities that there were men and women, so wedded to 
vice and so indifferent to virtue, that they would not repent and 
would not respond to these invitations ; that would not enter 
churches and listen to the word of God. 

Such as these, he declared, must be reached, not by invita- 
tion and moral suasion, but by force of moral duress. 

If they would not come to the church, the church must go 
to them. Vice and degradation must be assailed and assaulted 
in their citadels. He sought out these citadels. He camped be- 
neath their ramparts. He fired the word of God through its port- 
holes and embrasures. He sang the songs of Christian faith and 



264 DUNNE — JUDGE, MAYOR, GOVERNOR 

hope into the ears of the sentries on their battlements. He made 
the soldiers of sin and vice listen to the war erys of men battling 
without in the name of Christ crucified. 

His superiors in the church discouraged his practices. They 
pronounced them coarse and violent, noisy and unchurchlike, and 
demanded that they be discontinued or that he withdraw from 
the ministry. He promptly accepted the latter alternative and 
entered upon the remarkable propaganda of building up a mili- 
tant organization without the imprimatur of any church which, 
outside of the walls of churches or temples, has been singing and 
praying to and for the unregenerate throughout the English 
speaking world. 

What a marvelous energy and capacity for organization there 
must have been in this man to have drawn to his organization 
so many earnest men and Avomen who now call themselves soldiers 
of the Salvation Army. 

However men may criticise their methods, none can question 
their earnestness, their ardor or their devotion to the religion 
they preach and the charity they practice. 

These soldiers of the dead general, not only administer spirit- 
ual consolation, but corporal relief to the downtrodden and 
afflicted. 

Even those who do not at all times agree with the strenuous 
vigor of these soldiers upon our streets, must perforce admit the 
beauty and universality of their charity. 

AVhat nobler tribute can be paid to a man than to say he 
organized and left behind him an army which is engaged, not only 
in preaching Christ crucified, but wiiich is engaged in adminis- 
tering practical and material charity throughout the English 
speaking world. 

This is the heritage left by General William Booth to his 
children. 

Because of this, let us join with his children and soldiers in 
paying a tribute of praise to the memory of the Christian soldier. 

Peace to his ashes and honor to his name. 



DUNNE — JUDGE, MAYOR, GOVERNOR 265 



CHICAGO'S PROGRESS IN 1905 AND ITS 

FUTURE. 

A StxVtement by Mayor Dunne, December 31, 1905. 

For Chicago, the year 1905 has been a year of militant civism. 
By its constant striving for civic and economic progress, Chicago 
again has shown itself a leader among the cities of the world in 
energy, activity and vitalized ambition ; a city of courage, of deter- 
mination and of high ideals — the nerve center of America. Chi- 
cago turns into the new year more resolute than ever in its march 
toward higher civic development and advanced municipal attain- 
ment. 

Militant Chicago stands firmly in its fight for municipal owner- 
ship of its traction lines. Its people declare that their will, ex- 
pressed overwhelmingly at the polls last April, shall be carried out 
and that no extension franchises shall be granted any of the street- 
railway corporations. 

The city council, I regret, has seen fit to ignore the people's 
will. But it falls to the city council merely to propose ; the people 
will dispose. And when the traction question again is submitted 
to Chicago's citizens by referendum next April — and to this step 
the city council stands pledged — I am confident that the people 
will again vote as decisively for the municipalization of the street- 
car lines of the city as they did last April. 

Progressive Chicago demands a 75-cent gas rate and proclaims 
the present rates exorbitant and unjust. And the demands of the 
people must obtain. 

Progressive, justice-giving Chicago demands a reduction in 
the rates, now exacted by private corporations, for electric light 
and power and for telephone service. 

Further, Chicago turns into the year 1906 seeking: 

Abolition of its smoke nuisance. 

Equalization of its water rates. 

Extension of its charter rights. 

In fact, greater efficiency than ever before in all its govern- 
mental branches and justice and equality in all things to all its 
citizens. 

Toward all these ends I am pleased to report that progress has 
been made. And Chicago now enters upon the new year a city 



266 DUXXE — JUDGE, MAYOR, GOVERXOR 

of determination and courage, pressing on toward final consum- 
mation. 

I regret to state that progress made towards the solution of 
the traction question and the carrying into effect of the mandate 
of the people, as expressed at the election of last spring, has not 
been satisfactory either to myself or to the people of this commu- 
nity. The people declared at the spring election against the grant- 
ing of any franchise to the Chicago City Railway Company, or to 
any other street railway company, by a vote of approximately 152,- 

000 to 60,000. This expression of the public will no right-minded 
citizen can misunderstand. 

Believing firmly that this emphatic expression of the people's 
will should be obeyed by the city's executive and the city council, 

1 have done all in my power, as mayor of this city, to impress upon 
the city council that no extension franchises should be granted to 
the Chicago City Railway Company, the Union Traction Company, 
or any of their constituent or underlying companies. 

On July 5 last, I called the attention of the city council to 
the fact that 130 miles of the total trackage of the street railway 
companies of Chicago were available to the city for the building 
of a municipal street car system, by reason of the franchises thereon 
having expired. I further called attention to the fact that about 
270 miles of said trackage would be in like manner at the disposal 
of the city on or before the first day of January, 1908. I further 
called attention to the fact that this 270 miles of trackage would 
furnish transportation, by reason of the location of these tracks in 
the most populous portion of the city, to about 1,100,000 people of 
the total 2,000,000 population of Chicago. 

In this same message, I formulated to the council two plans 
for the construction of such a municipal railway system on these 
streets upon w^hich the franchises had expired or w^ere just gasping 
expiration. Neither of these plans, apparently, has commended 
itself to the city council, although either or both, in my judgment, 
are entirely feasible and practicable both from a legal and financial 
standpoint. Contrary to my views and to the expressed will of the 
people, the committee on local transportation of the city council, 
has been industriously engaged in framing ordinances proposing 
to grant extensions of franchises to the Cliicago City Railway Com- 
pany and the underlying lines of the Chicago Union Traction 
Company. 

As a protest against such action I have sent repeated messages 
to the city council, calling the attention of that body to the popular 
vote registered overwhelmingly against such course of procedure. 
I have repeatedly requested the council to instruct its committee 
to cease consideration of the proposed franchise extension ordinances 



DUNNE JUDGE, MAYOR, GOVERNOR 267 

and to take steps to put into force a plan for the creation of a 
municipal street car system. Unfortunately, the city council, up to 
the present time, has seen fit to sustain the committee in its formu- 
lation of these proposed franchise extension ordinances, and the 
executive department and the legislative department of the city, 
represented by the mayor and city council respectively, are at pres- 
ent in a deadlock. 

While this state of conflict exists it will, of course, be difficult 
to advance the cause of municipal ownership of street cars of this 
city, as demanded by the people at the ballot-box. 

So far as I am concerned, as mayor of this city, this deadlock 
must continue until the council, in its wisdom, sees fit to change 
its present attitude. I was elected mayor of this city upon a solemn 
pledge to oppose the granting of any franchise extension ordinances 
to the companies, now operating in Chicago's streets, and to bring 
about at the earliest possible day the municipalization of the street 
car lines of this city. That pledge I purpose to keep. 

Fortunatey, the council has been pledged to submit all or- 
dinances relating to the franchise question to the people next 
spring. This submission should be in such manner as to put 
an end to the traction controversy for all time. The only way 
this can be done effectively is for the council to pass the Mueller 
ordinance, providing for the municipalization of the street car 
lines of this city pursuant to the terras of the ]Mueller law, and 
to place the proposed franchise extension ordinances before the 
people under the public policy act of this State. This method, 
in my judgment, is the only honest and effective way of forever 
disposing of this matter at the spring election. If this be done, 
the people can vote in favor of the Mueller certificate ordinance 
and against the franchise ordinances, or in favor of the fran- 
chise ordinances and against the Mueller certificate ordinance, 
and in either event the traction question will be settled forever. 

If they vote in favor of the Mueller certificate ordinance, 
which I presented to the council some weeks ago, no further vote 
of the people will be necessary to enable the citizens of this city 
to acquire a municipal street car system. 

I am confident that the people will vote this April as de- 
cisively in favor of municipalization of the street car lines as they 
did last April. 

I have done everything in my power to carry out the will 
of the people of Chicago in the way of bringing about municipal 
ownership of the city's traction lines, but the members of the 
city council, in the face of the expression of the people's will, 
have voted by an overwhelming majority against any move in 
that direction that I have made. As a consequence, the wheels 



268 DUNNE — JUDGE, MAYOR, GOVERNOR 

of legislation for the time being are effectively blocked. It is 
for the people to determine whether my course or that of the 
council shall be approved and sustained. This question the 
people will face at the polls next April. Their will must stand 
supreme and I am not doubtful of what will be their verdict. 

With other citizens, who believe that the existing gas com- 
panies of Chicago have been charging exorbitant rates for gas, 
I went to Springfield shortly after my election and urged upon 
the General Assembly the passage of an act enabling the city 
council of the city of Chicago to fix reasonable rates for gas and 
electric light. The State Legislature passed such an act in re- 
sponse to this demand and the same has been adopted by the 
citizens of Chicago upon a referendum vote. 

Immediately upon the adoption of this act by referendum 
last November, I addressed a message to the city council calling 
the attention of that body to this fact and urging the council 
to pass an ordinance, which I submitted, fixing the price to be 
charged for gas at 75 cents' per 1,000 cubic feet. This price, in 
my judgment, is a reasonable one, in view of the fact that gas 
has been sold within recent years in the city of Chicago by one 
of the present constituent corporate members of the People's 
Gas Light & Coke Company for 72 cents per 1,000 cubic feet, and 
in view of the further fact that gas now is sold in several Amer- 
ican cities for 75 cents and less. The matter of my message 
has been referred to the council committee on gas, oil and electric 
light. I earnestly hope that that committee soon will recom- 
mend to the city council for passage an ordinance fixing the 
price of gas in this city at 75 cents per 1,000 cubic feet. 

It is my intention, at an early date, as soon as I procure suf- 
ficient reliable data, to recommend to the city council the passage 
of an ordinance materially reducing the price of electric light 
in this city, as I am confident that the present rates, charged by 
private companies, are both exorbitant and unjustly discrim- 
inative between different classes of citizens. 

I have communicated and held several interviews with the 
officials of the Chicago Telephone Company, and have urged upon 
this corporation the adoption of a more reasonable schedule of 
rates for telephone service. In response to these suggestions 
the company has addressed a communication to the mayor and 
the city council requesting the opening of negotiations with 
reference to the future dealings of this company and the city and 
citizens of Chicago. This communication, too, has been referred 
to the council committee on gas, oil and electric light, where the 
matter now is pending. I am pleased to state that the officers 
of the telephone company have informed me that they are pre- 
pared to consider : 



DUNNE — JUDGE, MAYOR, GOVERNOR 269 

First. A reduction of charges to telephone users. 

Second. The incorporation in any agreement that may be made 
with the municipality of a provision under which the city of 
Chicago shall be empowered to take over and operate the tele- 
phone plant of this company as a municipal plant when the State 
Legislature enacts a law enabling the city so to do. 

For years the city has been defiled by the smoke emitted 
from its chimneys. All attempts to abate this nuisance have been 
ineffective owing to the cumbersome and complicated provisions 
of the existing smoke ordinance, which I can honestly describe 
as an ordinance devised to protect smoke producers rather than 
to punish offenders. I have called the attention of the council, 
in a message, to the defects of the existing smoke ordinance and 
this now has been amended and, I believe, will be further amend- 
ed in a few days so as to make a future continuance of the smoke 
nuisance difficult, if not impossible. 

The extension of Chicago's charter powers is a work that 
now is on the ways. The charter convention has been assem- 
bled and has entered upon the task which has for its object the 
removal of those obstacles which have cramped Chicago's efforts 
and hampered civic development and municipal betterment in 
many ways. The work of the convention, I am pleased to say, 
will be submitted to the people upon referendum for their ap- 
proval. 

In the department work of the municipal government, many 
important changes have taken place wnthin recent months. The 
water system of the city has been completely reorganized. Here, 
too. justice for all is aimed at. For years past the city of Chi- 
cago, by reason of an unfair and discriminating water ordinance, 
has been put in the unjust and reprehensible position of charging 
its water consumers differing and discriminating rates, varying 
from 4 cents per 1,000 gallons to 10 cents per 1,000 gallons. The 
ordinary, small consumer has been charged 10 cents, while the 
powerful and wealthy corporations of the city are supplied with 
water at 4 cents per 1,000 gallons. 

In a message to the city council I have called the attention of 
that body to the injustice of the existing ordinance and have recom- 
mended the establishing of a flat rate of 8 cents per 1,000 gallons 
to all consumers alike. I regret to state that no favorable action as 
yet has been taken by the council on this recommendation, the 
matter having been referred to a committee where the same now is 
lying undisposed of. 

I am pleased to state that the ' ' fee system, ' ' by which the water 
consumer was required to pay for meter and service pipes, has 
been abolished. Hereafter all meter pipes and all service pipes 



270 DUNNE — JUDGE, MAYOR, GOVERNOR 

leading from street mains to houses will be installed at the ex- 
pense of the city. This will conduce to simplicity and will re- 
move a burden from citizens who become patrons of the water 
service. The principle has been to relieve the consumer of all 
possible payments except for water actually consumed. The ad- 
ministration of the water bureau, too, has been so altered as to 
make for increased efficiency and better service. 

Rapid advance is being made toward the effective purifica- 
tion of Chicago's water supply. Practically every link of the 
city's planned intercepting sewer system has been placed under 
contract. This means an expenditure of approximately 
$1,800,000 and the approaching completion of the intercepting 
sewer system which, when finished, will divert all sewage from 
the lake between the city limits on the north and Eighty-seventh 
Street on the south. Work on the great Lawrence Avenue con- 
duit, which was stopped for several years, has been energetically 
set under way, together with the erection of the pumping station 
that will serve as an adjunct to this big bore in flushing the north 
branch of the Chicago river. 

Greater efficiency in the cleaning of the streets and alleys 
and the removal of garbage is being attained. Plans are under 
way for the institution of a new system of garbage removal dur- 
ing the coming: veav, which will eliminate the citv dumps and 
obtain the disposal of garbage by a sanitary and more effective 
process. 

A bureau of compensation has been established. This bureau 
has collected more than $40,000 during the months it has been 
in existence, about half of this sum having been received in 
payment for the use of sub-sidewalk space. This bureau's re- 
ceipts stand as a net addition secured to the municipal revenue. 
A policy has been pursued of collecting compensation not only 
for sub-sidewalk space but also for any and all public property 
temporarily taken over for private use. 

Through a special engineering commission, a complete report 
has been secured as to the history and present condition of the 
tunnels of the Illinois Telephone and Telegraph Company, now 
called the Chicago Subway Company. Thus, a complete system 
of inspection has been installed and provision has been made 
for enforcing rigid compliance with the ordinance under which 
this work is being built. 

Throughout the department of public works constant con- 
solidation and simplification of governmental control and execu- 
tion has been the rule. 

In the department of electricity the year has been a record 
breaking one in the extension of the municipal street lighting 



DUNNE JUDGE, MAYOR, GOVERNOR 271 

system. A total of 1,580 electric lights of 2,000 candlepower each 
have been added during 1905, making an aggregate of 6,687 
lamps now in service. This stands as the greatest number of 
arc lamps added to the system in any one year since the incep- 
tion of the municipal plant in 1887. During the year the munici- 
pal system was extended into Austin and displaced 130 rented 
lights for which the city was paying $103 per lamp per year. • An 
average number of 5,700 arc lamps, each of 2,000 candlepower, 
has been maintained and operated from the four power stations 
of the city. The average cost per lamp, including its proportion 
of office charges, but not including interest, depreciation, taxes 
or insurance, has been $52.14. These figures as to cost per lamp 
under municipal ownership and under private operation are 
worthy of close study by Chicago's citizens. 

To place the 1,580 additional lights in service during the year 
thirty miles of underground cable and 250 miles of aerial wire 
have been placed, also 198,435 duct feet of conduit have been laid 
and 1,830 poles set. 

Additions to the police and fire alarm telegraph required the 
placing of 173 miles of underground wire, while 500 poles and 
seven miles of electric light wire were removed on account of 
street improvements. New equipment is being placed at the 
municipal power stations which will practically double the output 
of a couple of these plants and reduce the cost of repairs. During 
the coming year large extensions to this municipally owned sys- 
tem will be made. 

Notable work has been done in the department of police. I 
believe that I can say without contradiction that Chicago is 
morally cleaner today than at any time in many years. Open 
gambling has been suppressed. For this offense alone a total 
of 2,200 arrests have been made within the last five months — 
a greater number than ever before within a similar period. 

NoAV an energetic warfare is being waged with effectiveness 
against the criminal element — an element that besets any great 
city. Flying squadrons of officers known as "thief catchers" 
have been formed and are working in all divisions of the city. 

Under the present administration, vicious dance halls and 
dive saloons have been closed. Scores of "get-rich-quick" con- 
cerns have been driven out of existence. In the department 
itself the new United States Army drill regulations have been 
established and have increased the effectiveness of the service, 
though the city is hampered through lack of revenue from secur- 
ing the proper number of policemen needed to fully safeguard life 
and property. An addition to the police force is absolutely 
necessarv. 



272 DUNNE — JUDGE, MAYOR, GOVERNOR 

The splendid work of the fire department has resulted in a 
reduction of $400,000 in the fire losses of the city, as compared 
with the previous year. Eleven new engine houses have been 
erected during the year and much new equipment added. The 
so-called two platoon system has been given a trial with the result 
that a favorable report has been received thereon. 

In the way of public improvements, ninety-three miles of 
streets have been paved during the year at a cost of about 
$3,600,000. More than 518 miles of new sidewalks have been 
constructed at an approximate cost of $1,618,119. One important 
fact, I am pleased to state, is that, at the rate cement, stone and 
cinder sidewalks are being constructed, it will be but a few years 
before Chicago entirely frees itself of the wooden sidewalk 
nuisance, the chief cause for many years of the flood of personal 
injury cases in which claims for millions and millions of dollars 
have been filed against the city. 

Further, more than 24 miles of sewers have been constructed 
during the year at a cost of $641,900. In addition to this sum, 
$75,000 has been expended on the large Jackson Park sewer sys- 
tem and pumping station, while work is to commence at once 
on the so-called Eighty-fifth Street sewer system, which is de- 
signed to drain all the territory extending from Eighty-third 
Street to the southern limits of the city and from Lake Michigan 
on the east to Ashland Avenue on the west. 

The health department has been especially vigilant in safe- 
guarding the city's health. Under the present administration the 
work of food inspection has been enormously developed. This is 
shown by the fact that during the last five months of 1905 an 
aggregate of 4,050,000 pounds of diseased food supplies of all kinds 
have been condemned and destroyed by the department inspectors. 
During the corresponding period of 1904 the total amount con- 
demned and destroyed totaled but 151,470 pounds, or less than 4 
per cent of this year's figures. 

Report is made that, on final computation, the death rate in 
Chicago for 1905 probably will not exceed 13.34 per 1.000 of popu- 
lation—the record year of lowest mortality, not for Chicago only, 
but for any city in the world of more than a half million popula- 
tion. There has been no serious prevalence of any of the epidemic 
diseases, the deaths from typhoid fever being fewer than in any 
year since 1880, when Chicago's population was barely one-fourth 
as large as now. 

Within the last six months the law department of the city has 
had a larger number of cases, involving greater amounts and a 
greater burden of business than ever has fallen to any preceding 
administration in the history of Chicago. Notwithstanding this. 



DUNNE — JUDGE, MAYOR, GOVERNOR 273 

the litigation has been pressed with unusual rapidity. Cases ad- 
vanced to the Appellate Court and disposed of within the last six 
months exceeding in number about twenty-five per cent more than 
were disposed of in a similar period of time in any of the last ten 
years. The traction cases involving many millions of dollars and 
the great fundamental rights of the people, have now advanced to 
the Supreme Court of the United States. The law department has 
taken up and pursued vigorously the matter of contests against the 
gas companies to insure the enforcement of a 75-cent gas rate. 
Suits have been instituted to compel the street car companies to 
give the people better service, avoid crowding of cars and to compel 
the heating of the same. 

In the enforcement of the civil service law, the city has been 
victorious in nine out of twelve appeals, taken either by the city 
or where the city was seeking to sustain the appeals, resulting in 
a larger era of civil service and its application. 

Prompt measures have been taken by the department against 
different public institutions v/hich have been recreant in the pay- 
ment of their taxes. In the instance of the Illinois Tunnel Com- 
pany alone the city has brought about a just increase of taxation 
which will net $40,000 to the tax fund. The amount of recoveries 
which this department now is enforcing will equal a sum far in 
in excess of every dollar required to maintain it. 

In the matter of building erection and inspection, marked im- 
provement has been shown since the enactment of the new building 
ordinance. Constant attention has been given the great number 
of old buildings which do not comply with the present ordinance, 
and to the safety and protection against fire in all buildings where 
large numbers of people are employed or congregate. From a build- 
ing standpoint, the year 1905 has been the most prosperous the city 
has enjoyed, exceeding that of the preceding year by about 40 
per cent. During the year permits were issued for the erection of 
8,660 buildings, covering a total frontage of 253,026 feet and cost- 
ing $63,136,700. Increased efficiency has been shown among the 
building inspectors, though the department still is hampered with 
too small a force. 

The youth of the city have shared bountifully in Chicago's 
advancement. Under the direction of the board of education, the 
new course of study in the elementary schools has been given a 
more thorough trial. Manual training has been greatly developed. 
Sewing, cooking, and physical culture have received increasing at- 
tention. During the year the board decided to erect two separate 
schools for crippled children, one on the west side and the other 
on the south side. 

The task of providing all the school children of Chicago with 
proper accommodations is nearer fulfillment now than at any other 



274 DUXXE — JUDGE, MAYOR, GOVERNOR 

time in the city's history. Six new school buildings and forty-five 
portable one-room buildings were completed during the year, con- 
taining 145 rooms, seating 7,110 pupils and costing $1,077,000. 
Four additions to old buildings have been completed, adding 43 
rooms, seating 2,070 pupils and costing $522,000. 

There are under construction at this date 9 new buildings and 
11 additions to old buildings which will contain 262 rooms, seat 
8,116 pupils and cost $2,226,000. In addition 19 new buildings 
have been ordered, with 19 additions to old buildings. These will 
be put under contract within six months and will provide 558 addi- 
tional rooms, afford accommodation to 25,700 pupils and require 
an outlay of $4,844,000. Truly, this speaks well for the future 
manhood and womanhood of Chicago. 

A vigorous campaign has been conducted by the department of 
weights and measures against violation of ordinances pertaining to 
the sale of commodities. A flying squadron of inspectors has been 
organized and sent into all sections of the city. The amount of 
fines imposed for short-weights and short-measure during the year 
totaled more than $3,350, as against $1,112 for the preceding year. 

In the task of track elevation a larger amount of work has been 
done in 1905 than at any similar period since the start was made 
in abolishing grade crossings. Fifteen miles of roadbeds and tracks 
of railway companies have been elevated above the established street 
grades, this work carrying with it the elevation of more than 129 
miles of yard, switch and other tracks. Fifty-six grade crossings 
thus have been eliminated. This work during the year now closed 
has cost $5,800,000 without the expense of one penny to the city, 
and has given employment, directly and indirectly, to 50,000 men. 
The work must go on until all grade crossings within the corporate 
limits of Chicago are eliminated. 

At the House of Correction extensive improvements have 
been undertaken. The erection of the new women's building 
has been begun. Here the most sanitary and humane ideas will 
be introduced with regard to the safety and care of female in- 
mates. New industries are being established. 

And as Chicago turns into the ncAv year, it takes up the 
march toward a future that ever must grow more glorious. 
Chicago, in my judgment, is the greatest city in America, not in 
wealth nor in population, but in activity, energy, ambition and 
high ideals. It is the nerve center of America from which 
pulsates the advanced thought and energy of an American peo- 
ple. It is the theater of political action. It is the center of 
political economic thought. 

We all love Chicago and hope for its increased growth and 
prosperity and greatness. But, if Chicago is to maintain its 
greatness, it must continue to be morally and ethically great, as 



DUNNE — JUDGE, MAYOR, GOVERNOR 275 

well as commercially great. The will of the people as expressed 
at the ballot box must be binding upon the conscience of the 
public and upon the hands and hearts of its servants. For a 
true republic is that in which all citizens have the right to be 
heard in the enactment of laws and the shaping of public policies. 

Chicago suffers much from an economic standpoint in many 
vital particulars. We suffer from lack of adequate revenue to 
properly police our city, to provide needed fire and sanitary 
precautions, to improve the streets, and, in general, to properly 
run the government. Yet, while Chicago has a smaller revenue 
than the other great cities of the United States and limps a 
financial cripple, much public property has been used by private 
persons and corporations without compensation to the city. 
Chicago demands that inequitable, unfair and unjust use of public 
propert}" without compensation must cease and that a fair and 
just distribution of taxation must be secured. Tlie man who 
would hamper Chicago in the collection of honest demands for 
revenue, equitably distributed, is a bad citizen. 

Let us all, therefore, resolve to give our best efforts this 
new year and in future years not only toward the material 
growth of Chicago, but also for the equal enforcement of the 
law, for good government, for good citizenship and for the 
preservation of republican institutions in our beloved city by 
obedience to the will of its people as expressed at the ballot-box. 
Chicago, truly great, must not rest, but must ever aspire to still 
higher and nobler attainments. 



276 DUNNE — JUDGE, MAYOR, GOVERNOR 



HIS 1906 NEW YEAR'S WISH. 

A Mayor's Greeting to Chicago, January 1, 1906. 

Militant Cliicago during the year 1905 has been struggling 
against the most powerful aggregation of vested interests and 
enormous vv^ealth that public utility corporations have ever con- 
centrated in America. Her onv^ard march toward the ownership 
of her own utilities has been retarded but not defeated. 

Chicago suffering in 1904, militant in 1905, let us hope will 
be triumphant in 1906. 



DUNNE — JUDGE, MAYOR, GOVERNOR 277 



EIGHTY-FIVE CENT GAS TOO HIGH IN 

CHICAGO. 

Message Vetoing Gas Ordinance, February 14, 1906. 

To the Honop^hle, the City Council: 

Gentlemen : I return herewith, Avithout my approval, an ordi- 
nance passed at the last regular meeting of your honorable body, 
and published at pages 2624 to 2633, inclusive, of the current 
printed council proceedings, fixing the price at which gas is to be 
sold in the city of Chicago during the next five years at 85 cents. 

There are several objectionable features in this ordinance. Sec- 
tion 2 gives to the gas companies the right to remove meters without 
replacing the same for twenty-four hours. There is no good reason 
why the companies, when they take out a meter for repair or any 
other purpose, should not be compelled to replace the meter removed 
by another meter within one hour. The person removing a meter 
should have another meter ready for substitution immediately. 

Under section 6, any of the gas companies of the city of Chi- 
cago may "lease and demise to any other company," whether that 
company is a foreign or domestic corporation, "the mains, pipes, 
meters, works, plant and appliances, or any part thereof of such 
company or companies on such terms as" the Chicago gas com- 
panies "may agree upon" with such other companies, and the 
corporation, leasing and acquiring such plants, may "take and 
acquire the mains, pipes, meters, works, plant and appliances or 
any part thereof" and "operate the same and manufacture and 
distribute gas" through said plants so acquired. 

Under this provision the Standard Oil Company or any com- 
pany organized under the liberal laws of New Jersey. Delaware or 
any other state, would be empowered to take possession of the gas 
plants, now being operated in the city of Chicago, and conduct 
them without limitation as to time in the same manner that domestic 
corporations of this city could conduct them, but, in so doing, they 
would have the right to have all questions arising between the city 
of Chicago and themselves determined exclusively in the Federal 
Courts, instead of in our local State Courts. The public utility 
corporations of the city of Chicago, for some reason, have always 
evidenced a remarkable partiality for the Federal Courts, which 
partiality is not shared by the people of this community. 



278 DUNNE — JUDGE, MAYOR, GOVERNOR 

Ou the contrary, the people of Chicago seem to be entirely con- 
tent to have issues that arise between the city and these corpo- 
rations determined and passed upon by our local State Courts. I 
can discover no good reason why the public utilities of this city, 
as long as they are allowed to remain in the hands of private com- 
panies, should not be administered by corporations which are sub- 
ject to the exclusive jurisdiction of the State Courts. 

Under the last sentence of this section, the Peoples Gas Light 
and Coke Company, the Ogden Gas Company and the Universal Gas 
Company reserve to themselves the right to question, after five years, 
the authority of the city of Chicago to regulate the price and qual- 
ity of gas furnished by them to the citizens of Chicago. In view 
of the fact that this ordinance purports to be a contract ordinance 
which, in return for the sale of gas for 85 cents for five years only, 
is granting valuable concessions in the way of leasing and consoli- 
dation to the present companies, and which purports to settle all 
controversies between the city of Chicago and these companies, 
there should be no reservation, made by the companies, which 
would enable them to question the validity of the gas regulation 
acts of this State. This ordinance is either a contract ordinance 
which should settle all controversies between the present companies 
and the city, in which event the companies should be compelled to 
acknowledge the right of the city to regulate the price and quality 
of gas, or it is not a contract but a regulating ordinance in which 
the city should, under the law, affirm its right to fix the price and 
quality of gas and compel the companies to accede to its terms 
without conceding to the companies the right to question its validity. 

The ordinance is further objectionable in that in section 9, it 
concedes, by the language therein used, that there is upwards of 
$1,300,000 due from the city of Chicago to the Peoples Gas Light 
and Coke Company. This amount is claimed by the Peoples Gas 
Light and Coke Company to be due from the city, on the assumption 
that the city is liable to pay this company for gas consumed at the 
rate of $1.00 per thousand cubic feet, although the city of Chicago 
in 1900 passed an ordinance fixing the price of gas at 75 cents per 
thousand cubic feet. The ordinance, under consideration, purports, 
in section 5 thereof, to preserve the rights of the city and the citi- 
zens of Chicago to recover back all sums, paid in excess of 75 cents, 
since the passage of said ordinance of 1900. In other words, sec- 
tion 5 purports to reserve the right of the city and the citizens of 
Chicago to maintain in court that the legal price of gas for the last 
five years and upwards is 75 cents, and yet, in section 9 of the 
ordinance, there is an admission that $1,300,000 is due from the 
city to the Peoples Gas Light and Coke Company for gas at the rate 
of $1.00 per thousand cubic feet. If the city of Chicago and the 



DUNNE JUDGE, MAYOR, GOVERNOR 279 

citizens of Chicago, in the assertion of the rights and prices given 
them under the ordinance of 1900, appear in court for the assertion 
of such rights, they will be met with the proof that, in section 9 of 
this ordinance, they concede the claims of the company that the city 
is liable for gas consumed at the rate of $1.00 per thousand cubic 
feet. 

The objections to the ordinance hereinbefore mentioned 
would be sufficient of themselves to justify me, as mayor of the 
city of Chicago, in vetoing this ordinance, but there still remains 
another and greater objection. The price fixed under this or- 
dinance for gas, in my judgment, is unfair to the people and the 
city of Ciiicago and excessive. 

The Mutual Fuel Gas Company and the Hyde Park Gas Com- 
pany, for years, sold illuminating gas in the city of Chicago, 
under the provisions of its charter, for 72 cents, and only ceased 
so doing when it was sought in court to compel the other con- 
stituent companies, which had been consolidated in the Peoples 
Gas Light and Coke Company, to sell gas at the same figure. The 
undeniable fact is that illuminating gas was sold by the IMutual 
Fuel Gas Company and the Hyde Park Gas Company to the people 
of Chicago for 72 cents per thousand cubic feet in recent years. 

Further, it is an undisputed fact that the citizens of Cleve- 
land, Ohio, are purchasing gas from private companies in that 
city for 75 cents per thousand cubic feet, and the companies 
which sell gas at that figure are paying such a percentage of their 
gross receipts to the city for the privilege of selling gas at that 
figure that it reduces the net price of gas to the people of Cleve- 
land to 70 cents. It is also an undeniable fact that the citizens 
of Cinciiuiati are obtaining gas for 75 cents per thousand cu])ic 
feet, and that the same is true of Duluth, Minn., and Alexandria, 
W. Va. 

It is possible that there are certain good reasons arising out 
of the price of coal, oil, labor and the other constituents which 
enter into the manufacture of gas, that might make the manu- 
fncture of gas in Chicago more costly than in these other cities. 
The only Avay to determine this question is to examine into +he 
actual price of gas as manufactured in Chicago. The companies 
that are manufacturing gas A^ithin the city of Chicago have 
peculiarly within their knowledge the actual cost of the manu- 
facture and distribution of gas in the city, and this cost can be 
ascertained accurately and reliably from the books of the com- 
panies, if the books are correctly and honestly kept. For the 
purpose of getting the actual cost of gas in Chicago. T reouested 
these coujpanies to permit their books to be examined b^^ the 
representatives of the city. This request was met with a re- 



280 DUNNE — JUDGE, MAYOR, GOVERNOR 

fusal. A firm of accouutauts was permitted to examine certain 
books and papers, which were selected by the Peoples Gas Light 
and Coke Company and the Ogden Gas Company and submitted to 
these accovintants. In making their report to the committee on 
gas, oil and electric light, this firm of accountants declares: "We 
should have been accorded an opportunity of more fully examin- 
ing several of the distributing and other accounts in the ledgers 
that bear directly on this investigation, but this was denied us. 
Had we had access to these accounts the cost of manufacturing 
and distributing might have been somewhat modified." 

From this report of these accountants, it is apparent that the 
actual cost of gas manufactured in Chicago, within recent years, 
has not been ascertained, although that actual cost must be and 
is known to the Peoples Gas Light and Coke Company and the 
Ogden Gas Company. It is true that representatives of these 
companies have made statements before the committee on gas, 
oil and electric light as to the cost of gas, but these statements 
were based upon figures obtained from the books of these com- 
panies, and until these books are thoroughly examined, the accu- 
racy and truth of these figures will never be known. Until these 
companies will permit a thorough and exhaustive examination 
of their books for the purpose of enabling the city of Chicago 
to ascertain the actual cost of gas, as manufactured by them dur- 
ing recent years, I cannot be convinced that the city of Chicago 
and its citizens ought not be furnished with gas as cheaply as 
the gas sold in Cleveland, Cincinnati and other cities in the 
United States, irrespective of the valuable privileges of consolida- 
tion given to these companies in this ordinance. 

When I addressed your honorable body in a message on 
November 13, 1905, requesting the passage of an ordinance, fixing 
the price of gas at 75 cents, I was honestly of the opinion that 
gas could be manufactured and sold by the gas companies, now 
doing business in the city of Chicago, for 75 cents, with a reason- 
able profit to themselves. I am still of the same opinion. No 
sworn evidence has been adduced to the contrary, and no exam- 
ination of the books of these companies has been alloAved to the 
committee on gas, oil and electric light. 

The refusal of the companies to permit an examination of 
their books leads to the irresistible conclusion that, had tlie books 
desired by the accountants been submitted, they would have 
shown that a lower rate tlian 85 cents was reasonable and should 
have been established. 

That 75 cents is a reasonable rate for gas in Chicago has 
lieen already, prima facie, established in so far as any act of this 
council can establish the fact by an ordinance which received the 



DUNNE — JUDGE, MAYOR, GOVERNOR 281 

unanimous approval of the city council and the then executive of 
the city. The fact that the reasonableness of that figure has 
not been questioned in any of the litigation now pending between 
the city and the present companies is significant. 

With a 75-cent rate previously established in an ordinance 
passed by the unanimous vote of this council and litigation pend- 
ing thereon, in which the reasonableness of that rate has never 
been questioned, it seems a most manifest public duty not to fix 
a higher rate until such necessity has been established by satis- 
factory testimony. ^ 

Aside from the valuable privilege of consolidation, given in 
this ordinance, the proposed ordinance forces the city of Chicago 
to assume the payment from general funds for the gas used in 
lighting the city's streets. The claims of the city for compen- 
sation R gainst the gas company, which m the past have been 
an offset against the claims of the company for lighting the city's 
streets, are wiped out by the terms of this ordinance. 

In future, under the terms of this ordinance, Chicago would be 
charged several hundred thousand dollars annually for gas used in 
lighting the city's streets. When the condition of the city's treas- 
ury and the needs of the city's police force are considered on the 
one hand, and the great benefits conferred by this ordinance on the 
gas companies on the other, this seems to impose an unnecessary 
hardship upon the city. 

It is further to be noted that there is no provision in this ordi- 
nance for the regulation and inspection of meters at the expense of 
the companies, which has been the cause of very serious complaint 
against the companies in recent years. 

Because of the foregoing facts, in the exercise of my duty as 
mayor of this city, I feel that I am bound to, and I do hereby, veto 
this ordinance, and respectfully recommend that the subject matter 
of fixing the price and quality of gas. to be furnished by the gas 
companies of this city to the city and the gas consumers of this 
city, be recommitted to the committee on gas, oil and electric light, 
with instructions that that committee demand from the gas com- 
panies of Chicago an opportunity to fully and thoroughly examine 
the books of said companies to ascertain the true and actual cost of 
the manufacture and distribution of gas in the city of Chicago, and, 
in default of that opportunity being given to it within 30 days, that 
it fix the price of gas at 75 cents per thousand cubic feet for the 
next ensuing five years. 



282 DUNNE — JUDGE. MAYOR, GOVERNOR 



WISHES SUCCESS TO SEATTLE. 

Telegram to Seattle Newspapers, March 2, 1906. 

To J. D. Flenner, The Seattle Mail and Herald, Seattle, Wash.: 

Chicago in its fight for municipalization of street cars has won 
three great battles at the ballot box, one in the Legislature and 
recently two in the city council after a determined fight of six 
months. It will win again on the first Tuesday of April, election 
day. Municipal ownership winning throughout the world. One 
hundred forty-two great cities in Great Britain now operating their 
own street cars. So are Berlin, Cologne, Munich, Vienna, Budapest, 
Switzerland and Austria. Municipal ownership accomplishes these 
things. Greater efficiency, reduction of rates, lower hours of work- 
ing men, increased wages, abolishes strikes, boodle and corruption. 
Success to the cause in Seattle. 

Edward F. Dunne, 

Mayor of Chicago. 



DUNNE JUDGE, MAYOR, GOVERNOR 283 



ST. PATRICK'S DAY. 

Address to the Irish Fellowship Club, Chicago, March 17, 1906. 

Mr. Chairman and OenUemen : 

I am pleased to avail myself of your kind inAdtation to be 
present with yon this evening. I am proud to say that the same 
blood that courses in most of your veins, courses in my own, and 
that the race to which you belong is the race from which I am 
descended. 

It is a race of which we are both proud — proud of its past 
and hopeful of its future. It is a race that has ever produced 
brave men and virtuous women. It is a race proud of its litera- 
ture, its music and its ancient traditions. It is a race that has 
withstood the waste of famine and invasion and the shock of 
insurrection and disintegration. It is a race which was one of 
the earliest in western Europe to embrace the teachings of Chris- 
tianity, and a race which has preserved the teachings of that re- 
ligion down through all the centuries unimpaired. It is a race 
which, through the dark ages, established schools and universi- 
ties, the ruins of which excite the wonder of the traveler today. 
It is a race which sent its missionaries and teachers throughout 
Europe to spread the light of Christianity in the blackest night 
of the dark ages, a race which has been often beaten but never yet 
conquered. It is a race which has been without a flag, a nation- 
hood, an army or a navy for over seven centuries, but which still 
preserves, in all its strength and vigor, its aspirations for inde- 
pendence and nationality. It is a race whose love of liberty has 
never been extinguished by the sword of the Plantagenet, the 
torch of the Tudor, or the bludgeon of the Cromwellians. It is 
a race which, in spite of persecution, outlawry, famine and trans- 
portation, still exists and leaves its impress upon the four quarters 
of the globe. 

It is a race which retains tenacious hold upon its native land 
and yet has sent its sons and daughters to people and develop 
lands in all parts of the world and a race which has left and is 
still leaving its imprint upon the history of many nations. It is 
a race that has given an O'Donnell to Spain, a McMahon to 
France, a Taafe to Austria-Hungary, a Gavan Duffy to Australia, 



284 DUNNE — JUDGE, MAYOR, GOVERNOR 

a Jackson, a Slieridau, a Shields aud a Meagher to the United 
States. 

I greet you tonight as the expatriated sons of the green 
old isle and their descendants living upon American soil. 1 con- 
gratulate you upon the fact that you have kept alive the old love 
of liberty and your desire for independence. 1 congratulate you 
upon being prosperous citizens of the great American Republic, 
liiled with sentimental love for the old land and loyalty to the 
new. 

Love of the old and love for the new are not inconsistent or 
antagonistic. They go hand in hand — a tribute to your senti- 
ment and common sense. You have the same affection for the 
old land that a son has for his dear old mother. You have the 
same love and loyalty for the land you live in that you have for 
the wife of your bosom. Was there ever yet a good husband 
who was forgetful of his dear old mother? Y^'ou have affection 
for both — the attributes of good sons and good husbands. And, 
if ever the time comes, aud I hope it will, when you may be 
able to assist the land of your birth or of your forefathers to 
reclaim the freedom and independence that is due her, I confi- 
dently predict that you, with millions of others of your birth and 
lineage, will respond to that call. 

While you love and revere the land of your birth or of your 
parents' birth, your first love and your first loyalty is due to the 
land you live in. That land has extended to you her open arms 
and a welcoming heart. She has furnished you a home and a 
place where you can raise your children in the love of God and 
country, untrammeled and unrestricted by unjust laws and vicious 
legislation. Your loyalty to her has never been questioned. 
It has been evinced upon the battlefield and in the Senate Cham- 
ber — in peace and in war. Whenever the American Republic 
has been imperiled, its Irish-American sons have been among 
the first to attest their loyalty and patriotism. 

In the days of the Revolution she furnished a Sullivan, a 
Montgomery, a mad Anthony Wayne and a Jack Barry. A Jack- 
son commanded at New Orleans and a Shields fought at Chur- 
ubusco. In the War of the Rebellion thousands of Irish-Ameri- 
cans fought under the leadership of a Meagher, a Mulligan, a 
Shields, and a Sheridan. 

In times of peace her sons have filled every position of honor 
in the American Republic, from the Senate of the United States 
down to the Legislatures of the State. And in the years to 
come, when the bugle call of patriotism shall be heard upon the 
blast, I predict that the Irish-American citizens will cheerfully 
and generously respond to tlie demands of their country. 



DUNNE — JUDGE, MAYOR, GOVERNOR 285 

In times of peace let me exhort you to be equally patriotic 
and solicitous for your country's welfare. You will belong, as 
you have always done, to all political parties. But let me urge 
you at all times to place patriotism- before party, principles before 
men, and men before mammon. So guide your conduct in Ameri- 
can life as to vote and act for the best interests of your adopted 
country. Place not expediency or personal profit before princi- 
ple. Be guided only by the right. Vote for no party that advo- 
cates that which is detrimental to the best interests of the whole 
community. Vote for no man whose character is not clean and 
whose motives are not pure, and vote for no man nor party wdiose 
interests are selfish or prejudicial to the great mass of the com- 
munity. 

Stand for justice and the right. Stand for the preservation 
of those bulwarks of human liberty, the jury trial and tlie habeas 
corpus act. Stand for equal representation before the law. 
Stand against the aggressions of the great combinations and 
corporations which are becoming a menace to public safety. 
Stand against corruption and graft. Stand foT equal rights to 
all. Thus will you maintain your power and influence in this 
community. Thus will you secure the respect and confidence of 
your fellow citizens. Thus will you make your influence foi 
good felt in the community and transmit to j^our children the 
heritage of good citizenship. 



L'SG DUN XL — JUDGE, MAYOR, GOVERXOll 



THE WERNO LETTER. 

Message to the Local Transportation Committee, Chicago 
City Council, April 27, 1906. 

Alderman Charles Werno, Chairman of Committee on Local Trans- 
portation, City Council, Chicago: 

Dear Sir : In response to your request, I submit the follow- 
ing informal suggestions as to the important work which lies 
immediately before your committee. 

It is my profound conviction that the most important thing to 
be accomplished at the outset of this work is the establishment 
of cordial and efficient cooperation between the two great de- 
partments of our municipal government. I recognize fully the 
functions of the City Council in any disposition of the traction 
question. In it, under our system of government, is vested the 
power of legislation. Any additional legislation which may be 
required in connection with traction matters must be enacted by 
the City Council. Nevertheless the law has imposed upon me, as 
the chief executive of the city, the responsible leadership in the 
field of administration, in which are embraced many of the most 
important phases of the street railway problem, and I am charged 
directly wath the duty of approving or disapproving the legis- 
lation which may be enacted by the City Council. It is, there- 
fore, of the first importance that the City Council and the Mayor 
should, if possible, cooperate heartily and efficiently in carrying 
out the M'ill of the people as already expressed, and in devising 
such additional measures as may seem to be for the public welfare. 
I believe the time has come when, without regard to differences 
of 'opinion upon many matters, this cooperation can and should 
be brought about. The first step toward this end is to arrive, 
if possible, at a clear understanding of the existing situation. 

The work of your committee naturally divides itself into two 
great parts: 

First. The accomplishment of municipal ownership of the 
street railway system, and 

Second. The improvement of our street railway service 
while municipal ownership is being established. 

The people of Chicago have repeatedly expressed their opin- 
ion in favor of municipal ownership of the street railway system, 



DUNNE — JUDGE, MAYOR, GOVERNOR 287 

and at the last election they definitely voted in favor of the or- 
dinance which has been passed by the City Council for the pur- 
pose of providing the financial means by Avhich municipal own- 
ership may be accomplished. I assume that all of the members 
of your committee will fully accept the result of this election in 
good faith, and will cooperate, in all proper and reasonable ways, 
to carry into effect the will of the people. 

x\t its last session, the City Council passed a resolution of- 
fered by Alderman Milton J. Foreman directing this committee 
to take UX-) and consider the immediate improvement of the street 
railway service. With the purpose of this resolution I am in 
hearty accord. In my last message to the Citj' Council I said : 
"Because of the condition of our traction lines, reduced to the 
lowest level of l)ad service under the system of private owner- 
ship which has prevailed, every element of delay in rehabilitation 
should be avoided as far as possible, with due regard for the 
street railway policy which the people have demanded and the 
enabling terms of the Mueller law." I assume that whatever 
measures may be devised to this end will be so framed as to pro- 
vide for and protect, to the fullest extent, the right of the city 
to acquire the street railway system just as soon as the necessary 
means can be provided for this purpose. It is my firm con- 
viction that the prompt and thorough improvement of our entire 
street railway service can be brought about by measures which 
will recognize and preserve this right. The only possible thing 
which may stand in the waj^ of this result is the petition for re- 
hearing which the street railway companies have filed in the 
ninety-nine-year litigation in the United States Supreme Court. 
This application, however, must, in the nature of things, be dis- 
posed of in a very short time, and need not delay the work of 
your committee in preparing at once for the steps which can be 
taken as soon as the rehearing has been denied. I think your 
committee can safely proceed upon the confident assumption that 
the decision already rendered by the Federal Supreme Court Avill 
stand as the definite determination of the rights of the companies 
under the ninety-nine-year act. Assuming this, the question 
for us to consider is, "What practical measures can be taken, both 
in the direction of municipalization and improved service? 

First, as to municipal ownership : The people of Chicago 
have, on several occasions during the past few years, voted over- 
whelmingly in favor of municipal ownership of the street railway 
system. Naturally the advocates of municipal ownership have 
not been entirely agreed as to the precise form in which this 
should be brought about. The statute under which it must be 
attained has not yet been passed upon by the courts, and the 



288 DUNNE — JUDGE, MAYOR, GOVERNOR 

precise steps which must be taken under that law cannot be de- 
termined with absolute assurance in the absence of a judicial 
construction. It is in some respects a new field of legislation, 
and the precise form of the ordinance or ordinances which can 
be passed under the law can be determined only by actual test 
in the courts. 

The City Council and the people having already enacted an 
ordinance authorizing the issuance of special certificates under 
the so-called Mueller law, it is to the interest of the entire public 
to have this ordinance fairly and fully tested just as speedily as 
the proper steps to this end can be determined upon and carried 
into effect. The test should be one which will not merely de- 
termine the validity of the ordinance, but will also pass upon the 
validity and construction of the statute under which the ordinance 
is passed. It should be such a test as will satisfy future pur- 
chasers of these certificates as to their validity, and every ques- 
tion which can fairly be raised, which may affect the character of 
the certificates, should be included in the litigation, so far as it i? 
practicable to bring this about. If the ordinance is held valid 
as I confidently expect, I assume that your committee will co- 
operate heartily in devising and recommending to the Council the 
further steps which may be necessary to carry it into practical 
operation and effect. If the ordinance should be defective, either 
in whole or in any essential particular, it is desirable to have this 
fact determined by the court, and to obtain from the court as 
clear an indication as possible as to how any such defect can be 
remedied. I assume that your committee will cooperate cor- 
dially in devising and carrying into effect the necessary measures 
to remedy any such defect. I assume, in other words, that the 
members of the City Council will accept in good faith the verdict 
of the people at the last election, and will do all in their power 
to carry out the will of the people as then expressed. 

Fortunately, the decision of the Supreme Court in the ninety- 
nine-year litigation has thoroughly cleared the ground for muni- 
cipal ownership. The Supreme Court has held, in effect, that 
the rights of the existing companies in the streets of Chicago are 
of three kinds : 

A. The right to maintain and operate certain lines until the 
city shall acquire the same by purchasing the tangible prop- 
erty at its appraised value. The city now has the established 
legal right to purchase these lines at any time. 

B. The right to operate certain lines, chiefly in the outlying 
portions of the city, under definite term grants, which expire at 
different periods during the next few years. Most of these grants 
terminate within a very short time. They can all be acquired 



DUNNE — JUDGE, MAYOR, GOVERNOR 289 

earlier by condemnation proceedings, if necessary or expedient. 

C. The right to operate tlie remainder of the system at the 
sufferance of the city, subject to its order to cease operation at 
any time and without any obligation whatever on the part of 
the city to purchase the tangible property. The court has not 
determined what right, if any, the companies have to remove 
the physical property constituting the last mentioned lines and 
which is permanently attached to the streets in which it is located. 

The situation created by this decision of the Supreme Court 
is as favorable to the city as could well be expected. Outside of 
the few term grants, the most favorable right which the present 
companies now can claim is the right to operate certain of their 
lines until the city is able to purchase the physical property. It 
is absolutely essential that nothing shall be done to enlarge these 
present rights of the existing companies, or to deprive the city 
of its option of purchase at any time. This must be conceded 
by those who favor and those who oppose municipal ownership. 

I believe in the public ownership and operation of all public 
utilities ; and have no confidence in the theory of public regula- 
tion ; but even those who disagree Avith me must concede that 
public regulation can be efficient only, if at all, when coupled 
with the right of the public to terminate the privilege at any time 
upon fair terms and reasonable notice. The so-called Massa- 
chusetts system of the Charles Francis Adams report, which was 
once so strenuouslj^ urged as a substitute for public ownership, 
was based upon this theory. This is now the settled policy of 
the Federal Government, where it is the franchise-granting power, 
as in Washington City, Porto Rico and the Philippines. It 
has been upon this theory that in our own City Council even 
avowed opponents of immediate municipalization have agreed 
upon the necessity and entire propriety of inserting in any grant 
to a private company the reserved right of the city to take over 
the property if and when it may become desirable to exercise the 
option. The postponement of this right for a definite period in 
the various street railway ordinances prepared during recent 
years by the advocates of franchise extension has been defended 
only as a concession to the supposed necessity of compromising 
the ninety -nine-year claims. These claims will no doubt speedily 
be beyond the necessity for compromise. The city should there- 
fore be given the right of purchase at any time, as a matter of 
correct theory, even if it did not possess this right by the decision 
of the Sujireme Court. It does possess the right without being 
given it by any further act of the companies. This right should 
be jealously preserved until municipal ownership has been ac- 
tually obtained. I may hereafter make some suggestions as to 

—10 



290 DUNNE — JUDGE, MAYOR, GOVERNOR 

municipal operation, for which a substantial majority of the peo- 
ple voted at the last election, but which on the face of the re- 
turns did not receive the necessary sixty per cent. 

Second, as to the prompt and thorough improvement of the 
street railway service. The important question in this con- 
nection is whether the existing street railway service can be thor- 
oughly and promptly improved without impairing the present 
rights of the city, as defined by the Supreme Court. I think this 
can be done. The controlling consideration must be that nothing 
shall be done which will impair the right of the city to acquire 
the street railway system as soon as it has established its financial 
ability to do so. 

The first practical step to be taken, then, appears to me to be 
to request the existing companies at once to indicate to your 
committee whether or not they are able and willing to enter into 
an agreement to sell to the city all their tangible property and 
unexpired rights at a price to be now fixed, and to undertake the 
improvement of their service immediately, upon the refusal of 
their application for a rehearing in the United States Supreme 
Court, the city to have the right to take over this property at 
any time, upon reasonable notice. If they will join, if possible 
as one company, in the reconstruction of their entire system 
upon plans to be adopted by the city, with their concurrence, 
which shall provide for unified service, through routes, universal 
transfers and operation under revocable license, then they should 
be adequately assured of the payment of the value of their pres- 
ent property (to be now fixed, before rehabilitation) and addi- 
tional investment when the city does take over the lines, and they 
should receive a fair return upon this present and future invest- 
ment and some share of the remaining net profits while they con- 
tinue to operate. Subject to these provisions, the profits of opera- 
tion should go to the city as a sinking fund for the purchase 
of the property. The details of any such arrangement can all be 
worked out in conference, if the companies promptly indicate 
their acceptance of the fundamental principles involved. These 
conferences can and should proceed without waiting for the dis- 
position of the rehearing application, so that action may be taken 
at once when it has been decided. The time has come for action; 
and if the present companies are either unable or unwilling to 
act within the lines indicated in the immediate future, the city 
should and must definitely turn to other sources for relief from 
conditions which are no longer to be endured. 

In this later event, I suggest that arrangements be made at 
once Avith a construction company, along the general lines of 
the "contract plan," or otherwise, providing that such company 



DUNNE — JUDGE, MAYOR, GOVERNOR 291 

shall at once, upon the denial of the application for rehearing, 
proceed to take possession of the streets and parts of streets now 
occupied by the present companies, to which the city will then 
be entitled, and construct and equip in them the best possible 
street railway system upon agreed terms which shall include a 
fair construction profit. This arrangement need not take the 
form of a contract but of a license to operate such a system, under 
proper limitations, until the city shall pay the agreed price, the 
profits of operation to be applied first, to a fair interest return 
upon this price, and second, to the reduction of the principal 
amount. The city will be able to turn over to such a company 
the greater portion of the North Division and of the Chicago 
Passenger system and many other valuable streets. These can 
be taken possession of in such order as may be most desirable. 
On North Clark Street, for example, much of the work of in- 
stalling an electrical equipment could proceed without interfer- 
ence with the present cable until the equipment is completed. As 
the term grants in the various parts of the city expire, they could 
be turned into the new system. If the right of the city to pur- 
chase the remaining lines upon appraisal of the physical prop- 
erty, under the Supreme Court decision and as provided in the 
original ordinances of 1858 and 1859. can be exercised with funds 
which may be furnished by this company or otherwise, w^e need 
not wait for the judicial construction of the Mueller law and the 
$75,000,000 ordinance to have the proposed company acquire pos- 
session and commence the reconstruction of the entire system 
throughout the city. The proposed construction company can 
be given such financial terms as may supply the necessary induce- 
ment for the capital required. It may be feasible to provide that 
much, if not all, of the investment can be permitted to run for a 
definite period as a lien upon the property ; the city having the 
right to take over and continue to own, subject to this lien. At 
all events, the city can be given the right to acquire municipal 
ownership just as soon as it can obtain the necessary funds. 

Municipal ownership cannot be acquired until we do this. 
There may be delay, but the final result will inevitably be the 
adoption of municipalization. I have no doubt whatever that 
when or before municipal ownership has been actually reached, 
municipal operation will receive the necessary majority of votes 
to comply with the statutory requirement. Meanwhile, under 
the plan suggested, the amount which the city will be required 
to pay will be continually reduced out of the profits of operation, 
and municipal purchase will be made that much easier of early 
realization. 



292 DUNNE — JUDGE, MAYOR, GOVERNOR 

Nor is the city dependent upon this method of securing 
prompt improvement of service. The present right of the com- 
panies is to operate in certain streets until the city elects to pur- 
chase. This right of operation, in the aspect most favorable to 
the companies, is subject to the police power, and the city has 
the undoubted right to compel any reasonable improvement which 
it may prescribe in the service. Any investment which the com- 
panies may make to improve their equipment will add to the value 
of their physical property, and this added value will be paid by 
the city when it seeks to take over the lines. Of course, the 
existing companies may attempt to resist anj^ requirement which 
the city may make for the improvement of their service, and may 
force the matter into the courts ; but such action can only delay 
for a little the inevitable result and provoke retaliatory meas- 
ures, which will be to the serious disadvantage of the companies. 
I believe that the companies should be fairly treated in these 
matters so long as they themselves act with fairness toward the 
city. I have no desire whatever to confiscate one dollar of their 
property, even if I could do so. They should be given all that 
they are legitimately entitled to receive under the decision of the 
Supreme Court. It must be obvious to them, however, that any 
attempt upon their part to obtain more than this, by dilatory 
tactics or obstruction, can only result to their serious dis- 
advantage. 

Broadly speaking, the city is under no legal obligation to 
purchase any of their tangible property in the North Division of 
the city or in the Chicago Passenger Railway system, or in many 
other lines. If the companies insist upon war, they must expect 
treatment upon a war basis. If this means the relegation of 
much of their property to the scrap-heap, the responsibility will 
rest exclusively upon them. It has a certain value to the city 
of Chicago, to be used as part of a reconstructed s.ystem. That 
value the city should be willing to pay, providing the companies 
will immediately recognize the real situation in which they are 
placed by the decision of the Supreme Court, to which they them- 
selves have appealed, and will agree to start at once upon the 
reconstruction of their entire system, so that the people of Chi- 
cago may have immediate improvement of service, while munici- 
pal ownership is being established. There would seem to be 
no serious difficulty in adequately protecting all of the money 
actually expended for this purpose, while preserving at the same 
time the right of the city to acquire the property at any time. If 
the companies are compelled to make this improvement under the 
police power, it is obvious that this will be subject to the city's 
right of purchase at any time. If the rehabilitation is to be 



DUNNE— JUDGE, MAYOR, GOVERNOR 293 

accomplished by agreement with the companies, the city's right 
of purchase at any time should be equall}' protected. 

If it should be urged that the investors might be unwilling to 
expend so large an amount of money as would be required for 
complete rehabilitation, under an arrangement by which the 
city would have the right to pay it back at any time on demand, 
with definitely fixed reasonable notice, it may be well to consider 
whether this objection can be met by permitting the new invest- 
ment to be secured by a lien upon the property, running for a 
definite period, of svifficient length to satisfy the investor. Of 
course, in this event the investor would not expect and would 
not be entitled to receive as large a return upon his investment 
as if the city were given the right to return the investment at 
any time. The city should, in such case, have the right to pur- 
chase at any time, upon payment of the agreed value of the pres- 
ent property, subject to the lien of the new investment. The 
companies should have a license to operate, and not a franchise 
for any definite term. They cannot well object to this arrange- 
ment, because the present property is held by them precisely upon 
this tenure. In other words, the companies hold their present 
property subject to the right of the city to take it over at any 
time. They can invest the new money upon the same terms, 
or the new investment can perhaps be made a lien upon the prop- 
erty, running for a definite period, which, of course, should have 
such provisions as to sinking fund and earlier payment as are 
consistent with approved methods of modern finance. The im- 
portant thing is to make sure that this arrangement shall not 
impair the right of the city to proceed under the Mueller law. 

As between these various methods of obtaining improved 
service, there are certain obvious advantages, both to the city and 
to the companies, in favor of proceeding by amicable agreement 
with the present companies, always preserving the right of 
municipalization. The city could probably secure in this way a 
more immediately complete reconstruction of the system and a 
greater immediate improvement of service. The price which the 
city would have to pay for the present property and future im- 
provements would be definitely fixed at the present time, so that 
it w^ould be known exactly how much money it is necessary to 
raise for municipal purchase. The work of reconstruction would 
proceed under plans and specifications prepared by the city and 
tinder efficient public audit and account. The city would avoid 
a further period of controversy and strife with the companies. It 
might obtain a larger percentage of the profits of operation than 
could be obtained by a system of car licenses or reduction of 
fares under the police power. 



294 DUNNE — JUDGE, MAYOR, GOVERNOR 

Upon the other hand, the companies would equally gain. 
They could immediately reconstruct and reequip their system in 
a manner which would undoubtedly very greatly increase the 
gross receipts, through the improved service and added facilities 
furnished the public. Their securities would be placed upon a 
stable basis, and they would be assured that the city would 
pay them for the actual value of their physical property, instead 
of compelling them to remove much of it from the streets. That 
this last mentioned consideration has very substantial value will 
be seen when it is recalled that their entire system in the North 
Division and many other lines are subject to no such requirement, 
and that the Chicago Passenger Railway Company is, by many of 
its original ordinances, required to remove its rails and restore 
the roadbed, at the end of its twenty-year grant, which has now 
expired. In pursuing a policy of procrastination or obstruction, 
the companies might harass the city for a time, but in the end 
they must face a far greater loss than would be involved in such 
reasonable concessions as the city would now demand. 

In a word, subject only to the disposition of the petition for a 
rehearing in the United States Supreme Court, the city of Chi- 
cago is now in position to secure first-class street railway service, 
while proceeding with all practicable speed to bring about that 
municipal ownership for which the citizens have voted. It re- 
mains only for the two great coordinate branches of the city 
government to cooperate along practical lines, for the accom- 
plishment of the result for which the people have so long con- 
tended. 

Sincerely yours, 

E. F. Dunne. 



DUNNE — JUDGE, MAYOR, GOVERNOR 295 



OBJECTS TO ELECTRICITY RATES 
FIXED BY CITY COUNCIL. 

Message Vetoing an Ordinance, June 18, 1906. 

To the Honorable, the City Council: 

Gentlemen : I return herewith, without my approval, an 
ordinance passed at the last regular meeting of your honorable 
body, and published at pages 816 et. seq., of the current printed 
council proceedings, providing for a reduction by the Chicago 
Edison and Commonwealth Electric Companies of the rates 
charged by said companies for supplying electricity, fixing the 
maximum rates to be charged by said companies during a period 
of five years, and prohibiting transfers to and consolidation with 
foreign corporations, for the following reasons : 

First. This ordinance permits, but does not require, a con- 
solidation of the Chicago Edison Company and the Commonwealth 
Electric Company. The Chicago Edison Company has an un- 
expired franchise which will terminate in 1912, or about six 
years from date. The Commonwealth Electric Company's fran- 
chise does not expire until 1947, or forty-one years from date. 

Under its ordinance the Commonwealth Electric Company 
pays to the city three per cent of its gross receipts. Under the 
Chicago Edison Company's ordinance, no compensation is paid to 
the city. Over three-fourths of all the electric light sold in the 
city of Chicago by these companies is furnished by the Edison 
Company without compensation to the city. 

The permission to consolidate is a highly valuable concession 
as it will enable the consolidated company to issue stocks and 
bonds upon a forty-one year franchise which is a very valuable 
concession from the city to these companies. To give these com- 
panies the right to consolidate without compelling them to con- 
solidate immediately places them in the position of being able 
to issue stocks and bouds upon the faith of the proposed fran- 
chise without compelling them to pay any compensation to the 
city for three-fourths of all the electric light sold by them in the 
city of Chicago for the next six years. The gross injustice of 
this provision is apparent upon its face. 

Under its existing franchise the Commonwealth Company is 
not authorized to assign its interest to any other company, thus 



296 DUNNE — JUDGE, MAYOR, GOVERNOR 

making it difficult for that company to issue stocks and bonds. 
The ordinance under consideration gives the right to the Com- 
monweatlh Company to assign, transfer and set over all its rights 
and privileges to any corporation organized under the laws of the 
State of Illinois. This valuable concession is also given without 
consideration. 

Second. Permission is given in the ordinance, now under 
consideration, to both the Commonwealth Electric and the Chi- 
cago Edison Companies to purchase electricity for light and 
power from any and all other companies, and the provision for 
compensation is so involved and obscure as to make it very 
doubtful if the city of Chicago could recover on the gross sales 
of electricity so purchased. 

Third. There is no provision in the proposed ordinance, secur- 
ing the publicity of the books and accounts, showing the acts 
and doings of said corporations, so as to enable the city of Chicago 
to accurately ascertain what they may do in the future and what 
compensation the city is entitled to upon the gross sales of the 
companies. An amendment offered in the city council securing 
this right of publicitA^ was voted down by your honorable body. 

Fourth. There is no provision whatever in this ordinance as to 
the kind of meters the companies are to use, nor is any power 
reserved to the city to select meters or to supervise their selection. 

Fifth. Section 2 of the proposed ordinance professes to con- 
tain a waiver on the part of the companies of all their rights 
under the ordinances of the city of Chicago or other municipali- 
ties which have been annexed to the city since the adoption of 
such ordinances. An examination of the language of section 2 
shows that only those privileges are waived which might accrue 
after the acceptance of the proposed ordinance, leaving the rights 
accrued prior to the passage of the proposed ordinance un- 
affected. 

Sixth. I am advised by assistant corporation counsel Hoyne 
that he advised the committee on gas, oil and electric light that, 
under the decisions of our Supreme Court, the Commonwealth 
ordinance of June 28, 1897, was not assignable, and that there 
was a possible doubt as to the validity of the whole ordinance in 
so far as it granted a privilege to endure for fifty years. If Mr. 
Hoj^ne's legal opinion is good law, the proposed ordinance would 
amount to a ratification by the city council of an ordinance of 
doubtful validity and would certainly make a nonassignable 
ordinance assignable and negotiable which is of immense value 
to the Commonwealth Company. 

Seventh. In addition to the right of consolidation and the 
right to assign and transfer its rights and privileges to other 



DUNNE — JUDGE, MAYOR, GOVERNOR 297 

companies, giveu to the Commonwealth Company, the Common- 
wealth Company is also empowered, by the proposed ordinance, 
to string overhead wires upon poles throughout the whole of 
Hyde Park, a right it is not now entitled to. 

For all these concessions and privileges given the Chicago 
Edison Company and the Commonwealth Electric Company, not 
a single dollar's worth of additional compensation is exacted in 
this ordinance for the city. 

Eighth. The reduction of rates, provided for in the proposed 
ordinance, in my judgment, is inadequate in the present state of 
the manufacture of electricity for light and power, and unfair 
and unjust to the consumers of this city. The maximum ratesj 
provided for in this ordinance are fifteen cents a kilowatt hour 
for the f:rst two years for the first thirty hours' consumption 
upon each light used during the month ; thirteen cents a kilowatt 
hour for the same consumption for the last three years of the 
five-year term. All light consumed in excess of thirty hours 
per month for each light used for the first year shall be paid for 
at the rate of ten cents per kilowatt hour, nine cents for the sec- 
ond year, eight cents for the third year, and seven cents for the 
fourth and fifth years. From these prices a discount of one 
cent a kilowatt hour is allowed, if bill is paid within ten days 
after its date. These prices, I believe, in the present state of 
progress in the manufacture of electricity are unreasonable and 
unjustly high, particularly for the first two or three years of said 
period. 

At the present time, electric light is being sold in the city 
of New York for 10c to 5c per kw. ; the maximum allowed by law 
being 10c; in the city of Cleveland, the same light is being sold 
for 614c per kwh. ; in Buffalo, from 4c to 12c per kw. ; in one plant 
in San Francisco, for 3c per kw. ; in "Washington, D. C, for 10c 
to 5c per kw., 10c being the maximum allowed by law; in Roches- 
ter for 10c per kw., less ten per cent discount ; in Denver, for 
10c per kw. ; in Los Angeles, from 4c to lie per kw. ; in Syracuse, 
from 5c to 8c per kw. ; in Memphis, for 10c per kw. ; in St. Joseph, 
Mo., for 5I/2C to 10c per kw. ; in Lowell, from 3c to 8c per kw., 
with 20 per cent discount ; in Grand Rapids, for 10c for the first 
hour, 8c the second hour and all over for 6c per kw. ; in Richmond, 
Va., 10c per kw., with discounts. 

I can find no valid reason why, in a great populous city like 
Chicago, electric light cannot be manufactured and sold as 
cheaply as it can be in Cleveland, Syracuse, or Lowell, Mass. 
Indeed, Mr. Beale, the attorney for the companies, in his written 
argument before the committee on gas, oil and electric light, dated 
March 26, 1906, admitted that the average rate received by the 



298 DUNNE — JUDGE, MAYOR, GOVERNOR 

companies from sales during the last fiscal year, excluding the 
amount of electricity sold for power to the street railway com- 
panies, was 7.24 c per kwli. 

Upon this average charge for electric light sold' by the com- 
panies, they have been in the past enabled to pay eight per cent 
interest upon their entire capitalization, set aside a sinking fund 
for repairs and lay by a large surplus for improvements and 
betterments. If this has been the history of the financial suc- 
cess of the companies, upon an average rate of 7.24c per kwh., 
how can it be contended that the prices fixed in the proposed 
ordmance are reasonable to the public f It is contended that the 
average rate for the five years provided for in the ordinance, with 
discount of Ic per kwh. allowed, will be about 9c. But upon 
the rates established in this ordinance the average rate for the 
first two years will be over 10c per kwh. net. And yet at the 
present time New York City, Cleveland, Washington, D. C, 
Rochester, Denver, Syracuse, Memphis, St. Joseph, Mo., Lowell, 
Grand Rapids and other American cities are getting their electric 
light at 10c per kw. and less — in some cases running down as 
low as 3c per 'kwh. for large consumers. 

The Legislature have given the city council the right, inde- 
pendent of any agreement or contract it may make with these 
corporations, to fix a reasonable rate to be charged to consumers 
for electric light. Such being the fact, unless valuable conces- 
sions in the way of reduction of rates are made by the com- 
panies to the public in consideration of a contract ordinance 
givnig them the right of consolidation, the right of transfer, and 
assignment and the right to operate in Hyde Park upon overhead 
wires, which rights are of inestimable value to these companies, 
no contract ordinance giving such privileges should be passed. 

The rates established in the proposed ordinance, in my judg- 
ment, are not just to the public, and such being the case, I would 
respectfully advise your honorable body that, unless you can 
obtain much more material concessions in the way of reduced 
prices for electric light given to consumers in the city of Chicago, 
you should decline to enter into any contract ordinance with these 
companies, but enact a police power ordinance, such as is author- 
ized by the statute of the State, fixing the rates to consumers for 
all companies furnishing electric light in the city of Chicago, 
giving no concessions of any character to these companies. 

In mj'' judgment such an ordinance can be passed, fixing rates 
considerably lower than those fixed by the proposed ordinance, 
without at the same time giving valuable concessions to the 
present companies. 



DUNNE — JUDGE, MAYOR, GOVERNOR 299 

For the foregoing reasons, I withhold my approval of this 
ordinance and respectfully suggest that your honorable body pass 
a simple ordinance, under the statute of the State, fixing maxi- 
mum rates for the sale of electricity in the city of Chicago v^^hich 
will apply to these and all other companies 'Selling electric light 
in this city. 



300 DUNNE — JUDGE, MAYOR, GOVERNOR 



PRAISE FOR BUILDERS OF A PUBLIC 
BUILDING. 

Address at the Corner Stone Laying of the Cook County 
Courthouse, September 21, 1906. 

Mr. Chairman, Ladies and Gentlemen: 

It gives me great pleasure to say a few words of congratula- 
tion to the citizens of Chicago and Cook County upon the laying 
of the corner stone of what will probably be one of the largest 
courthouses in the United States, and to congratulate our citizens 
upon the rapid progress toward the completion of this building. 

it gives me great pleasure to say a few words of commenda- 
tion and praise of the public officials who have been charged with 
this important undertaking. They have shown from the start 
great business capacity, energy and honesty in the removal of 
the old courthouse and in the rapid erection of the new. 

In these days qf rapid building, when buildings are demol- 
ished and rebuilt with extraordinary celerity, the removal of the 
old courthouse that occupied this site last year and the erection 
to its present stage of this building has been unparalleled as far 
as public structures are concerned. No private person or cor- 
poration could have acted with greater energy, earnestness and 
diligence than have the president of the county board, Mr. 
Brundage, and the county commissioners of this county. And I 
am pleased, on behalf of the citizens of this community, to extend 
to them our thanks for the energy they have displayed and our 
congratulations upon the approaching culmination of their labors. 

I also congratulate the community, and say to you, Mr. Vice 
President, that when you lay the corner stone of this building, it 
is the consensus of opinion of all classes of people in this com- 
munity that you will lay honest mortar upon an honest block 
of granite, and that in this building there will be found no trace 
of boodle, graft or corruption. 

The erection of this building at this time is typical of the 
wonderful progress of the city of Chicago. In 1880, about the 
time our last courthouse was erected, there were only about 
500,000 people in this city. At the time the old courthouse was 
erected it was regarded as a monumental structure and one that 



DUNNE — JUDGE, MAYOR, GOVERNOR 301 

would satisfy the public needs of our citizens for a century to 
come. And yet in about a quarter of a century this city, grown 
to two nullion people, finds that it is necessary to raze this old 
structure to the ground and replace it with a building commen- 
surate with the rapid growth of the city. The old courthouse 
was removed, not because it was antiquated or out of date, al- 
though it was antiquated and out of date, but because it had not 
sufficient capacity to accommodate the courts and the public of- 
ficials of this community. 

It was my idea, before this building was started, that the 
needs of this great and growing community required the whole 
of the block on which we stand and that a courthouse or munici- 
pal building should cover the entire block. Unfortunately, the 
financial situation of the city was such that the city could not 
cooperate with the county in such a way as to permit either one 
of them to occupy the whole of the courthouse square, but I am 
confident that our city will continue to grow as rapidly in the 
future as in the past and that my views that the whole of this 
square is needed for public use as a courthouse will be vindicated 
within a short time, and that it will become necessary to erect 
a building of like character upon the other half of this square 
Avhich will be devoted solely and exclusively to county uses in 
less than a quarter of a century. 

Let me hope that the erection of this building, by honest 
public officials, in an honest manner, will be typical of the future 
life of this city and this Nation. Let me thank you, Mr. Vice 
President, on behalf of the citizens of Chicago, for your courtesy 
and kindly consideration in leaving your many important public 
duties and coming to our city for the purpose of assisting us in 
laying this corner stone. 

"We are a busy community. It is frequently said that we 
are constantly engaged in racing for the "Almighty Dollar," 
and that we are constantly on the go. But whenever the Presi- 
dent of the United States or the Vice President of this great 
country honors this city with his presence, as you have done, we 
cease our business, throw doAvn our tools and extend to him a 
hearty and cordial welcome. 

Again I thank you, Mr. Vice President, for your courtesy, 
and again I congratulate Mr. Brundage and the board of county 
commissioners upon the efficient, energetic and honest way in 
which they have carried on this great public undertaking. 



302 DUNNE — JUDGE, MAYOR, GOVERNOR 



PRIVATE MONOPOLIES FOR PRIVATE 

GAIN. 

Address Delivered in Denver, September, 1906. 

Mr. Chairmfin and Gentlemen: 

In the year 1900, while on a visit to Europe, I sent a telegram 
from Interlaken to Lucerne in Switzerland. It cost me somewhere 
about eight cents in American money. I was astounded at the 
smallness of the charge and, upon making inquiry, discovered that 
the telegraph system of Switzerland was in the hands of the gov- 
ernment and operated by it. This started me upon a train of 
thought and investigation. If a publicly owned telegraph system 
in Switzerland could be operated at such prices, why should not the 
United States be able to do likewise? 

Upon pursuing my investigation, I discovered that every civil- 
ized country upon earth except three, Honduras, Costa Rico — if my 
memory serves me right — and the United States, owned and oper- 
ated their own telegraph systems. I further discovered that not 
only were the telegraph systems of the world being operated as 
public utilities in public hands but that, in many countries, the 
railroads, street car systems, electric light systems, gas systems, 
water systems, and telephone systems were being operated by the 
public, and I found that there was reason why such utilities should 
be in public instead of private hands. 

"When one seeks to do business with his butcher, his grocer, his 
dry-goods merchant, his doctor, his lawyer, or his plumber, he 
stands at arm's length and has the right to make a free and volun- 
tary contract. If the character of the goods that he seeks to pur- 
chase is not satisfactory or the price is unreasonable, he may go 
elsewhere. He is not bound to deal with any one person or corpo- 
ration in the purchase of such necessities of life. But when he 
comes to utilize the telegraph, the telephone, the street car, the 
steam railway car, to purchase gas or electric light, he finds himself 
deprived of the right of free contract. He must take such service 
as is offered him and pay the price demanded, or go without. 

If his gas is of deficient quality or the price is too high, he 
must either pay the bill or have his meter jerked out. If his tele- 
phone service is unsatisfactory or the price unreasonable, he must 
stand and deliver or have his telephone wires cut. If he objects 



DUNNE — JUDGE, MAYOR, GOVERNOR - 303 

to the service, given him upon a street car or the price charged, he 
must either pay or be thrown off. In other words, in dealing with 
public utility companies and in purchasing from them these latter 
day necessaries of life, he is deprived of the right of free contract 
and must take such service as is offered and pay the price demanded. 
He is face to face with a monopoly, and individual protest or ob- 
jection as against such a monopoly is absolutely unavailing. 

These monopolies in private hands — as most of them are in this 
country — are conducted for the private gain of the stockholders. 
The aim of the management is to make money — to give as little 
service for as high a price as can be exacted from the community. 
The very fact that in this country public utilities have been and 
still are in private hands has given rise to serious abuses — over- 
crowded street cars, unclean street cars, irregular schedules, defi- 
cient service. In the case of gas, telephone, and electric light com- 
panies, we have excessive charges, unsatisfactory service and inso- 
lence on the part of the officers and agents of the companies, when 
complaint is made either as to price or the character of service. 

This state of affairs has brought about, in many cities of the 
United States, a growing dissatisfaction on the part of the public, 
and this dissatisfaction has developed into an agitation in favor of 
the ownership and operation of these utilities by the public. This 
agitation has grown with tremendous strength within the last few 
years, and today, throughout the cities of the United States, we 
are face to face with the question as to whether municipal owner- 
ship of public utilities must be put into force to remedy the evils 
of private management. 

Strange to say, this country, which has been in the vanguard 
of progress in all other matters, has been among the last among 
the civilized countries of the world to take up and seriously discuss 
this question. 

In 1894, the dissatisfaction, arising out of the mismanagement 
and rapacity of private utility corporations, brought about a revolt 
in the British empire, and commencing in the city of Glasgow, that 
protest has worked a wondrous change in the operation of public 
utilities. Up to 1894, the ownership and operation by private com- 
panies of public utilities, such as street cars, electric light plants, 
gas plants, and telephone systems, was almost universal throughout 
the world. But within the last ten years, city after city and nation 
after nation has turned from the operation of public utilities by 
private companies to the operation of these same utilities by the 
public. 

On February 18, 1904, as is shown by the report of the Ameri- 
can consul, 142 cities of Great Britain owned and operated their 
own street car systems. That number has been largely increased 



304- DUNNE JUDGE, MAYOR, GOVERNOR 

since then, and today there are 24 more cities now constructing 
municipal street railways. In Great Britain and Ireland, 282 cities 
now own and operate their own gas works. In the same counties, 
334 cities and towns are operating their own electric light systems, 
leaving only 174 in that kingdom which are privately owned. 

A great number of British cities are owning and operating 
their own telephone systems and, within the last few months, the 
government of Great Britain made a large appropriation for the 
taking over by the general government of the telephone systems of 
the kingdom. 

This same movement towards the public ownership of these 
utilities has also proceeded with giant strides throughout Europe 
and Australia. Mr. Charles E. Russel, in the last number of Every- 
body's Magazine, in commenting upon this fact, remarks: 

"All over Europe, private corporations have been dispossessed 
of the ownership and operation of street car lines, gas, water, and 
electricity supplies, railroads, telegraphs, telephone, and even 
mines. So far has this gone in Europe, and particularly in Eng- 
land, municipal government is now accepted and understood to 
include definite functions of trade and transportation on behalf of 
the people. The constant tendency everywhere is to extend the 
scope of such functions. The theory of public ownership may be 
good or bad; I shall not try to establish either side of a question 
with which I have here nothing to do ; but it is an interesting fact 
that I have yet to find or to hear of more than one community that, 
having tried any phase of it, would be willing to return its utilities 
to private hands. Hardly shall any one study the subject on the 
' ground and escape the conclusion that in Europe, public ownership 
is regarded as something beyond experiment and has become a 
demonstrated success. ' ' 

Continuing, this same writer declares : 

"Private ownership of public utilities seems doomed in 
Europe. The practical demonstrations are all against it. The 
most obvious trend of thought is surely destructive of it. Orig- 
inally in the cities private ownership was the rule ; in a few years 
it will be a rarely found exception. In European cities, at least, 
the people have fully satisfied themselves that they can do many 
things they formerly had done for them and do them better and 
more cheaply. That settles the fate of private ownership." 

This wonderful change that has taken place practically with- 
in the last ten years in Europe has resulted from the fact that 
wherever any city has taken over a street car line, a gas works, 
an electric light plant, a waterworks, a telephone system, or 
other public utility of that character, it has found that almost 
invariably the change has been accompanied by tremendous ad- 
vantages to the public. 



DUNNE — JUDGE, MAYOR, GOVERNOR 305 

It has produced in almost every ease the following extra- 
ordinary results : 

First. It has reduced the cost of the utility to the public. 

Second. It has increased the efficiency of the service. Lines 
and plants have been reequipped according to modern methods, 
the service has been more regular, the schedules more frequent 
and in the case of street cars, there has been less overcrowding 
and better accommodation given to the public. In Australia, 
under public management, I am credibly informed, there has not 
been a railroad collision in many years. 

Third. In almost every case the wages of the men who operate 
these utilities have been increased. 

Fourth. In nearly all of these cases the hours of the men 
employed in operating these utilities have been reduced. 

Fifth. It has been found that, wherever the public has taken 
over such a utility and operated the same, strikes were a thing 
of the past. 

Sixth. The last and probably most important of all is that 
by tlie taking over and operation of these utilities by the public, 
graft and corruption have been eliminated. 

Such has been the record of the municipalization of these 
utilities in Europe. The people, where the change has taken 
place, are thoroughly satisfied with municipal management, and, 
as Mr. Russell says, there is but one case in all Europe where the 
public, having taken over any public utility, has reverted to 
private ownership. 

This one case is so obscure and peculiar that it would be well 
to refer to it. Turnbridge Wells, England, is the only city that 
has tried public ownership and abandoned it. For three years it 
operated a telephone system of its own in opposition to the Na- 
tional Telephone Company's exchange. The company's rate was 
$40 a year and two cents a call. The municipality cut this to 
$29.37 a year for an unlimited service, or $17.50 and one cent a 
call. The first year's operations left a net surplus of $650.00. 
The National Telephone Company organized a body called the 
Rate Payers' League and carried on a skillful campaign by which 
it won a majority in the town council. Whereupon an ordi- 
nance was passed leasing the public lines to the company. This 
was simply a case where a private corporation obtained control 
of the members of the city council, a thing which is quite com- 
mon in the United States. The single, obscure exception in 
Europe merely proves the rule that the public operates yjublic 
utilities more to the satisfaction of the people than any private 
interest. 



306 DUNNE — JUDGE, MAYOR, GOVERNOR 

I have stated briefly the advantages resulting li'oni public 
ownership throughout Europe. It would be well for me to sub- 
stantiate these general statements by facts and figures. 

Early in 1905, before I was nominated for mayor of the 
city of Chicago, I addressed a circular letter to the managers of 
the street railway system in Liverpool, Glasgow, Leeds, Sheffield, 
Hull, Salford, Aberdeen, Cardiff, Sunderland, Dundee and other 
British cities. 

In this circular letter I asked what were the results of the 
municipalization of their plants. From not one of the cities 
did I receive an adverse report. The reports were uniform!}^ 
favorable to municipal ownership and operation. 

In Liverpool, I was informed, fares were reduced 50 per cent 
and passengers carried four times as far ; electricity replaced the 
horse ; cars run at intervals of tAVo to four minutes ; forty miles 
of new tracks laid ; wages increased 10 to 15 cents per day ; 
hours reduced from fourteen under private companies to ten 
hours per day; six-day week instituted; uniforms furnished 
free ; medical attendance and sick benefits, with death benefits 
to widoAAS ; mileage increased 102.33 per cent ; passengers in- 
creased 203.68 per cent ; receipts increased 86.05 per cent ; net 
revenue under company per car mile, 5 7-10 cents, under city, 8 
cents. Public fully satisfied ; has forced neighboring roads to 
improve their systems. 

In Glasgow, fares were reduced over 50 per cent ; service 
improved ; electricity replaced the horse ; cars more frequent and 
comfortable ; wages increased in all grades 25 per cent ; hours 
reduced from twelve to nine or less ; six-day week instituted ; 
uniforms furnished free ; five holidays per year with pay ; bonuses 
to employes for freedom from accidents ; traffic increased from 
54,000,000 to 188,962,610 in ten years. 

In Leeds, fares were reduced 62 per cent ; electricity re- 
placed the horse and steam ; wages raised four cents per hour 
for drivers, 5% cents per hour for conductors; hours reduced 
17 and 26 hours per week ; uniforms furnished free ; 1 cent extra 
per hour to employes for freedom from accidents; 26 per cent 
of employes get bonuses for working holidays : in three years 
increased from 8.218.858 i)assengers per year to 60,739,234 per 
year : cost of operation, 11 cents per mile ; people completely 
satisfied. 

In Sheffield, fares were reduced 50 per cent ; service im- 
proved; lines extended; cars run more frequently; wages in- 
creased 8 cents per hour ; hours reduced about 45 per cent ; uni- 
forms furnished free ; annual holidays with pay ; conditions of 
labor much improved; income increased from $175,000 to 



DUNNE — JUDGE, MAYOR, GOVERNOR 307 

$1,200,000 per year ; cost of operation, 13 cents per car mile ; pub- 
lic thoroughly satisfied. 

In Hull, fares were reduced fifty per cent ; electricity re- 
placed horse ; cars run at three-minute intervals, formerly ten 
minutes ; wages increased 15 to 50 per cent ; hours reduced from 
80 to 54 hours per week ; one day off per week ; uniforms fur- 
nished free ; traffic increased 628 per cent ; cost of operation, 12 
cents per mile, excluding sinking fund ; people fully satisfied. 

Practically the same report was made to me from Salford, 
Aberdeen, Dundee and other cities. In no single case was there 
any report of the failure of municipal ownership and operation, 
or that the people were dissatisfied with the change. Recently 
gathered statistics show that of 46 British cities, operating muni- 
cipal street cars, 35 earned $3,823,865, net profits, per annum, 
while the aggregate losses of the other eleven operating at re- 
duced fares were only $142,000 per annum in the aggregate. 
Such has been almost invariably the history of the effect of mu- 
nicipal ownership and operation of public utilities, not only in 
England but throughout entire Europe and in Australia. If it has 
had that effect in Europe and Australia, why should it not have 
the same effect here ? 

Muiiicipal ownership and operation is no new principle in 
American cities. It is true that it has never been extended, ex- 
cept in the case of the Brooklyn bridge, which by the way was 
a success, to the operation of street cars by a municipality. But 
American cities for years have been operating other public utili- 
ties with the invariable result that they have been efficiently and 
economically managed to the entire satisfaction of the people. 

Thousands of American cities operate their own waterworks. 
Hundreds of them operate their own electric light plants. Many 
of them operate their own gas plants. Nearly all of them operate 
their police departments, fire departments, park and sewerage 
systems. Have you ever heard of a city in America operating 
its own police department, fire department, water departirent 
or sewerage system, that would be willing to go back to private 
ownership? Municipal ownership of these utilities by Amei'ican 
cities has produced exactly the same results that have folio vved 
the municipal ownership and operation of street cars, electric 
light systems, and gas works in Europe and Australia. 

The American cities that operate their own waterworks, 
electric light plants, and gas plants have invariably reduced the 
price of these utilities to the public. They have given as good, 
if not better, service than the private companies engaged in 
the same line of business. As a rule, they pay better wages. 
As a rule, the hours of the men are shorter. Have you ever 



308 DUNNE JUDGE, MAYOR, GOVERNOR 

heard of a strike upou a police or a fire department or a water 
department in any city that has managed these utilities? Once 
an American city has taken over its waterworks, electric light 
plant or any other public utility, have you ever heard of any 
corruption in and about the procurement of an improvement or 
enlargement of these utilities? 

1 know not what public utilities you manage in your city, 
but in the city of Chicago I can cite you the instance of our water- 
works and our electric light plant. 

The city of Chicago has been operating its own waterworks 
for over half a century. It is today selling water to its citizens 
as cheaply as any city of its size in the country. We have 
within the limits of our city a splendid opportunity to test the 
efficiency and economy of a publicly and privately owned water 
plant. By annexation to the city within recent years we have 
acquired certain territory in which private companies are operat- 
ing water plants. 

To the west of the city, and now within the city limits, the 
former village of Austin was, until within the last three months, 
supplied by a private company. That company charged three 
and four times the rate charged by the city waterworks to other 
citizens of the same community. In the village of Rogers Park, 
now within the city limits, a private company has been and now 
is furnishing water to the citizens of that portion of the city. 
The private company charges twenty cents per thousand gallons 
and charges citizens in addition thereto for all connections made 
betAveen the house and the main in the streets. The city of 
Chicago, in the same neighborhood, is selling water to its citizens 
for ten cents per thousand gallons and makes all connections free 
of cost to the citizens. 

The city of Chicago owns and operates its own municipal 
electric light plant. It has gone very extensively into this 
business within the last eight years. We are not empowered 
to sell electric light to citizens, but are simply authorized to 
light our own streets. Chicago has now probably the largest 
municipal electric light plant in the world. It has extended its 
electric light system very rapidly throughout the streets of the 
city and is today manufacturing electric lights for about one-half 
the cost of electric light which was charged by private companies 
when the system was instituted. The citizens of Chicago have 
reached the conclusion that they are just as capable of operating 
a street car system as they are of operating an electric light 
plant or a waterworks. 

Under private management we have in Chicago today proba- 
bly the worst managed and most scandalously conducted street 



DUNNE — JUDGE, MAYOR, GOVERNOR 309 

car system iu the world. There is no pretense of giving decent 
accojuniodation to the public. Our cars are dirty and insufficient 
in number. Our citizens are crowded like herrings in a box. 
Our schedules are irregular and our service at night is either 
scandalously insufficient or nonexistent. The owners of these 
companies, in defiance of public sentiment and every rule of 
decency and justice, have been managing these systems so as to 
mulct the public of their nickels without any attempt to give a 
decent return therefor. 

The citizens of Chicago have cried out against this sort of 
treatment. They have protested and protested in vain. At 
last they have declared by a most emphatic vote that they will 
have no more of it and that the municipality must take over and 
operate its street car systems. 

Thrice has the voice of the people been heard at the ballot 
box. In April, 1902, they declared for ownership by the city of 
Chicago by a majority of 142,000 as against 28,000. In April, 
1904, they declared for the adoption of the Mueller law, which 
was a law enabling cities of the State to own street car systems, 
by a vote of 122,000 to 50,000. Again in April, 1905, they de- 
clared emphatically against the extension of the franchises to the 
present companies by a vote of 152,000 to 59,000. At the same 
time they elected a mayor upon a platform which declared for 
municipal ownership at the earliest possible date. And yet, al- 
though this election occurred in April, 1905, the will of the people 
is still set at defiance by the tremendous influences that are behind 
these traction companies and other utility corporations. 

The companies, which procured the passage of the infamous 
Allen and Humphrey bills by wholesale bribery and corrup- 
tion, are still exerting their malign influences against the carry- 
ing out of the will of the people. By influences, known only to 
themselves, they have succeeded in getting almost two-thirds 
of the city council to vote in defiance and contempt of the public 
demand. 

The committee on local transportation, backed up by almost 
two-thirds of the city council, have been industriously engaged 
for the past two or three months in framing ordinances extending 
franchises of the present companies for the next twenty years. 
The aldermen who are engaged in this work seem to have behind 
them all the capitalistic influences of the city. They have 
amassed behind them nearly all the papers of the city, and all 
the influences of the banking and financial circles. Their leaders 
in the council are the welcome guests of the swell clubs of the 
city and every influence that combined and intrenched capital 
can exert is being vigorously asserted against the carrying out 
of the will of the people. 



310 DUNNE — JUDGE, MAYOR, GOVERNOR 

In response to the popular mandate, I have sent message after 
message to the city council, calling its attention to the vote of the 
people and asking it, in respectful language, to give heed to the 
popular voice as expressed at the polls. All such messages 
have been treated with contumely and disdain. The Chicago 
papers, I might say, have a standing headline, which becomes 
useful every Tuesday morning after the council meeting of ]\Ion- 
day night. It reads in big, black letters: "The Mayor Snubbed 
Again. ' ' 

I appreciate now, as I appreciated when I became a candidate 
for mayor, the tremendous opposition that would be exerted in the 
city of Chicago against the municipalization of the street cars of 
the city. 

The public utility corporations of Chicago, including the trac- 
tion companies, the tunnel companies, the gas, telephone and electric 
light and power companies of the city are stocked and bonded for 
about $395,000,000, $170,000,000 of this tremendous aggregate being 
bonds, the remaining $225,000,000 being stocks. There are 2,000,000 
people in the city of Chicago. Dividing this $225,000,000 worth of 
stocks among those two million people would give $112.50 worth of 
stock to each man, woman and child in the city. If this same pro- 
portion were carried out among the 80,000.000 of the United States, 
there would be at least $9,000,000,000 worth of stocks now held by 
stockholders of public utility corporations in the United States. If 
the municipal ownership movement wins — as it will win — in the 
city of Chicago, it will win throughout the United States, and that 
means the extinguishment of this $9,000,000,000 worth of stocks 
from the stock markets of this country. 

Is it to be wondered at that the traction companies and other 
public utility corporations would meet in convention, as they re- 
cently did in Philadelphia, and pledge themselves to oppose with 
all the forces at their disposal the spread of the municipal owner- 
ship sentiment throughout the United States? 

Is it to be wondered at that, after three tremendous public 
votes in the city of Chicago, we find these powerful and malign influ- 
ences still exerting themselves in every possible way to prevent 
the realization of the people's demand in that city? Every man 
and corporation in the United States who holds stock in the trac- 
tion companies and other public utility corporations is interested in 
making this a life and death struggle in Chicago for the preserva- 
tion of his properties. 

They have influence in the banks, in the counting houses, among 
the merchant princes, in the newspaper offices and with some of 
the members of the city council, and all this influence is being 
exerted and will be exerted steadfastly, persistently and defiantly 



DUNNE — JUDGE, MAYOR, GOVERNOR 311 

to cheek the popular demand for municipal ownership. But it will 
not avail. 

The American public is a reading public. The American public 
is an intelligent public. They know that what has been accom- 
plished in Europe and Australia can be and will be accomplished 
in the United States. The electorate of America is just as honest 
and intelligent, aye — in my judgment — as honest and more intelli- 
gent than in many of the countries that have already established 
the ownership and operation of public utilities. 

The financial powers of New York, Philadelphia, Boston, and 
Chicago may be amassed in a solid phalanx to stop the onward 
march of municipal ownership, but they might as well be allied for 
the purpose of sweeping back the waves upon the ocean. The trend 
of public thought and public desire is towards the ownership and 
operation by the public, because public ownership will put a stop 
to rapacity, corruption and graft. 

The issue has arisen in many cities since the Chicago election. 
Wherever it has arisen — in New York, in Cleveland, in Toledo and 
other American cities — it has beeen decided by a vote in favor of 
the people's desire for municipal ownership. 

Mayor Johnson was elected in Cleveland on that issue. Brand 
Whitlock w^as elected mayor of Toledo on that issue. And upon an 
honest count, William R. Hearst was elected upon that issue in New 
York, despite the fact that he had to fight a corrupt combination 
of the two political machines of that city and was without any 
organization or political body behind him. 

Municipal owaiership has come to. this country as it has come 
to Great Britain, Germany, Austria-Hungary, Norway, Sweden, 
Switzerland and France, and it has come to stay. The machina- 
tions and tremendous influences exerted by private interests may 
retard for awhile in this country, as it retarded in other countries, 
the onward progress of this movement. But the outcome is in- 
evitable. 

The operation of public utilities must, in its nature, be a mo- 
nopoly, and therefore either a private or public monopoly. A pri- 
vate monopoly in its very nature must be rapacious. It is conducted 
for the financial benefit of the men who hold the stock in the com- 
pany. A public monopoly is not conducted for the financial benefit 
of any individual but for the benefit of the community as a whole. 
The aim of a private monopoly being to make money, it is conducted 
upon the plan of giving the least service for the largest return. A 
public monopoly being conducted for the public good, promptly 
aims to give the best service at the lowest possible price. A public 
monopoly is benevolent. A private monopoly is rapacious and inde- 
fensible. I know of no circumstances under which a private mo- 



312 DUNNE — JUDGE, MAYOR, GOVERNOR 

nopoly should be tolerated in a republic, where the aim of the 
government is to benefit the whole community alike. 

You may have observed the effect of private monopoly during 
the years that have passed. The people of America, as well as the 
people of Europe and Australia, have at last called a halt. The 
demands of the people to put an end forever to graft and corrup- 
tion, reduce the rapacity of private corporations, give fair treat- 
ment to the working men who operate these utilities, both in the 
way of decent wages and decent hours, to abolish strikes, to abolish 
bribery in common councils and legislatures, by putting into force 
the principle of municipal ow^nership, at first feeble, has swelled 
into a roar whose reverberations are heard in the council chambers 
of the land as well as in the temples of finance. 

In my judgment, the people are in a condition to be no longer 
trifled wdth. No longer will they be despoiled and ill treated as 
they have been in the past by private utility corporations and the 
sooner men in public life give heed to the demands of the people for 
the taking over of public utilities, the longer will be their official 
life as the people's representatives. If they continue to stand in 
defiance of the people's will, in my judgment, they may as well 
compose their political obituaries, and prepare for their extinction 
in the political life of this country. 



DUNNE — JUDGE, MAYOR, GOVERNOR 313 



ADVISES CITY FIXING PHONE AND 
ELECTRIC RATES. 

Message to the Chicago City Council, September 24, 1906. 

To the Honorable, the City Council: 

Gentlemen : Shortly prior to the adjournment of your honor- 
able body for the summer vacation, it had under consideration the 
passage of an ordinance regulating the charges for electric light 
and power in this city. 

Your honorable body passed an ordinance in the nature of a 
contract ordinance, fixing certain rates and giving certain conces- 
sions to the Chicago Edison Company and to the Commonwealth 
Electric Company. In the exercise of my official duty, I was not 
able to approve this ordinance, and the same failed of passage over 
my veto. 

I would respectfully suggest that, as the matter of fixing just 
and reasonable rates for electric light and power is of great public 
interest and involves a great many citizens of this city, your honor- 
able body pass an ordinance, not in the nature of a contract ordi- 
nance but one framed pursuant to the terms of the act of the Legis- 
lature, empowering the city to regulate the price of electric light 
and power, after your honorable body has made full investigation 
into the question as to what are reasonable rates for the same. 

I would further recommend that your committee on gas, oil 
and electric light at once proceed to ascertain and determine what 
are just and reasonable rates, and prepare an ordinance establish- 
ing these rates for all electric light and power companies in the city 
of Chicago. 

Kespectfully, 

E. F. Dunne, Mayor. 



Septeynber 24, 1906. 
To the Honorable, the City Council: 

Gentlemen : For some years past the citizens of Chicago have 
been complaining, in my judgment justly, of excessive telephone 
charges made against them by the telephone companies of this city. 
These complaints have been principally directed against the Chi- 
cago Telephone Company. 



314 DUNNE — JUDGE, MAYOR, GOVERNOR 

Recently this company, in obedience to the mandate of the 
Supreme Court of this State, has reduced the rates hitherto charged 
by said company, and I am informed has reduced other charges 
not covered by the Supreme Court decision. I am further informed 
that this company is ready to consider a further reduction of tele- 
phone rates. To what extent it is willing to reduce such rates, I 
am not fully informed. 

Another company, recently incorporated, has evinced its will- 
ingness to construct and operate a telephone system covering the 
whole of the city of Chicago at rates very much lower than those 
charged by the Chicago Telephone Company, and to give the city 
of Chicago free telephone service and one-fourth of the net profits 
earned by said company. 

This latter company claims that it is financially able to con- 
struct and maintain a telephone system, covering the entire city, 
and to operate the same successfully. The time is ripe, in my judg- 
ment, for action by your honorable body in the matter of determin- 
ing what are just and reasonable rates for telephone service in the 
city of Chicago, and to bring about a telephone service in this city 
which will give to the public efficient service at reasonable rates, 
and at the same time secure to the operating company a fair return 
upon the capital invested in the enterprise. In my judgment, the 
telephone service of a city is essentially a monopoly, and until the 
city is empowered by law to undertake the giving of telephone serv- 
ice to its citizens, it should be performed by one company, and that 
company should be compelled to give efficient modern up-to-date 
service at just and reasonable rates, which rates should be much 
below the rates hitherto imposed upon the citizens of this city. 

I would, therefore, respectfully recommend to your honorable 
body that the matter of determining what are just and reasonable 
rates to be charged the city of Chicago for telephone service should 
be referred to some appropriate committee or to a special committee, 
constituted for that purpose, and that the said committee be em- 
powered at once to secure the assistance of competent telephone 
engineers to ascertain and determine what are just and reasonable 
rates for telephone service in this city, and having ascertained what 
these rates should be, to formulate a policy which will secure effi- 
cient modern service at just and reasonable rates, which policy 
should reserve to the city the right to operate a municipal telephone 
plant when empowered so to do by the Legislature of this State. 



DUNNE JUDGE, MAYOR, GOVERNOR 315 



THE CIVIC PROGRESS OF CHICAGO. 

Address before the Chicago Commercial Association, 
October 6, 1906. 

Mr. Clmirman and Gentlemen: 

When last we met at your banquet board, we interchanged 
views as to the civic administration of our great and much beloved 
city. Again you have asked me, on this occasion, to address you 
briefly and I will avail myself of the opportunity to give you, my 
fellow citizens, a record of the civic progress of the city during the 
year that has ceased. 

Upon occasions of this kind, it is well that we should turn to 
the year that has passed to ascertain what has been its civic history, 
and in doing so tonight, I think we can truly congratulate our- 
selves upon the history the year has written for the city of Chicago. 
Let me call your attention briefly to a few facts and figures. 

The record made by the department of police during the past 
year has been a notable one. During the first eight months of 
1906, 54,458 persons have been arrested, an increase of more than 
8,000 over the same period in 1904 or 1905. Fines imposed in 
police courts were as follows: 

1904, 8 months $269,645 

1905, 8 months 281,265 

1906, 8 months _ 368,456 

During the first eight months of this year 6,000 arrests have 
been made for violations of the law against gambling. The follow- 
ing shows the amounts of stolen property recovered by the police 
department during like periods of the past three years : 

1904, 8 months $224,600.06 

1905, 8 months 118,254.64 

1906, 8 months 273.259.32 

Two thousand three hundred seventy-one persons were held to 
the grand jury by police magistrates during the first eight months 
of 1906 as compared with 2,265 for the entire year of 1904 and 
2,294 for the entire year of 1905. Comment upon the energy and 
vigor of the police department, as shown by the above figures, 
seems to be unnecessary. 



316 DUNNE^JUDGE, MAYOR, GOVERNOR 

The department of health has also made great progress during 
the year. On August 7, 1905, within a few weeks after assuming 
charge of this department, the present commissioner of health. Dr. 
Charles J. Whalen, reestablished a department of inspection at the 
Union Stock Yards and urged greater activity and thoroughness 
in the inspection of all kinds of food supplies, especially in retail 
stores and markets. 

As the result of this order an aggregate of upwards of 3,487,000 
pounds of foods "unfit for human consumption" and having a 
retail value of nearly $300,000 was condemned and destroyed by 
this department during the succeeding five months. During the 
preceding seven months the total amount of such food condemned 
and destroyed amounted to less than half a million pounds, valued 
at $7,718. 

The total amount of foodstuffs condemned and destroyed by 
the health department during the first eight months of the year 
1906 was 5,081,262 as compared with 798,748 for the same period 
of 1905, being an increase of 534.4 per cent. The health depart- 
ment formulated and succeeded in having passed on July 2, 1905, 
an ordinance providing for the inspection, regulation and license 
of restaurants. Pursuant to this ordinance over 1.400 restaurants 
and eating houses have been since inspected and over 1.000 of them 
have been placed under license. The result has been a wonderful 
improvement in the sanitary and hygienic conditions of the restau- 
rants of the city and a marked change in the quality and character 
of the food served. 

The commissioner of health has also endeavored to secure the 
passage of an ordinance regulating cold storage warehouses, requir- 
ing such warehouses to stamp thereon the date of admission and 
the date of withdrawal of all provisions entering or leaving their 
establishments. So far he has been unable to secure the passage of 
this much needed ordinance. 

Comparing the first eight months of 1906 with the correspond- 
ing period of 1905, the laboratory of the department shows 39,787 
examinations made this year — an increase of 37.4 per cent. Thirty- 
seven thousand eight hundred sixty-seven samples of milk and 
cream were analyzed, as against 18,317 last year — an increase of 
nearly 78.5 per cent. 

In the division of sanitary inspection, increases of 29 per cent 
are shown in the number of new buildings inspected in course of 
construction ; of 426 per cent in work places inspected ; of 23 per 
cent in notices to abate nuisances ; of 30 per cent in abatements 
secured ; of 61 per cent in suits instituted against violators of sani- 
tarj^ ordinances. 

In the division of contagious diseases, the notification of the 
existence of such diseases has been increased two-thirds, thus en- 



DUNNE — JUDGE, MAYOR, GOVERNOR 317 

abling the bureau of disinfection to nearly double the volume of 
its work — from a total of less than 11,000,000 cubic feet to upward 
of 21,000,000 cubic feet of space disinfected. 

The use of the free public baths has increased 26.7 per cent — 
from 472,728 in the year 1905 period to 599,677 in the 1906 period. 

Under the present commissioner of buildings, the law has been 
honestly and rigidly enforced and during the past year great work 
has been accomplished by this department. From September 1, 
1905, to September 1, 1906, 10,285 buildings have been erected, as 
compared with 7,920 for the same period in 1904-5, an increase of 
2,365 having a frontage of 38,025 feet and an increased value of 
$11,121,440. The number of permits issued for 1905 was 15.369, 
while the number for 1906 up to date was 21,333. During 1906 
the department inspected 68,406 buildings, an increase of 19,862 
over 1905. 

Strenuous efforts have been made by this- administration to 
abate the smoke nuisance. Upon entering office as mayor, I found 
the city reeking with the grime of soot and smoke and I found an 
ordinance in the code which was practically worthless. I promptly 
sent a communication to the council, pointing out the defects of 
the ordinance and recommending that an efficient ordinance be 
passed. After considerable delay in the council, I succeeded in 
having a new smoke ordinance passed. The ordinance is now in 
effect and is being rigidly enforced by my special directions, with 
the result contained in the following figures : 

No. of com- 
plaints made. 

1904 (12 months) 473 

1905 (12 months) 444 

1906 (to date) 575 

Suits 
brought. 

1904 (12 months) 404 

1905 (12 months) 488 

1906 (to date) 1,100 

Fines 
imposed. 

1904 (12 months) $ 4,366.00 

1905 (12 months ) 5,500.00 

1906 (to date) 18,000.00 

You have probably noticed in your business as merchants 
the remarkable change in the matter of grime, soot and smoke 
which has taken place within the last eight months. The ordi- 
nance is being rigidly enforced by vigorous prosecutions and the 



318 DUNNE — JUDGE, MAYOR, GOVERNOR 

violators of the ordinance have at last come to understand that 
the administration means business in the way of suppressing the 
smoke nuisance. 

The same energy and vigor has been displayed in the depart- 
ment of weights and measures. From September 1, 1905, to 
September 1, 1906, 111,760 scales and measures were inspected 
by this department, an increase of 25,766 over the previous year. 
During the same period in 1905-6, $22,201.60 were collected in 
fees, which is $4,191.55 more than was collected from September 
1, 1904, to September 1, 1905. The arrests for violators during 
the year just passed were 263, an increase of 162 over the pre- 
vious year. 

The fines collected from September 1, 1904, to September 1, 
1905, amounted to $2,016.00, while those collected during the same 
period in 1905-6 amounted to $4,310, an increase of $2,294.00. 

The law department has been exceedingly vigorous and suc- 
cessful in its conduct of litigation in which the city's interests 
were involved. It has succeeded in having the Supreme Court of 
Illinois sustain Judge Tuley's decision which held that the Chi- 
cago Telephone Company cannot charge to exceed a maximum 
rate of $125 per year for the unlimited use of a telephone in 
this city. 

It has succeeded in reversing Judge Mack and sustaining 
in the Supreme Court of Illinois the amendments to the charter 
of the city, thus establishing the Municipal Court Act, creating 
a new park system and giving the right to the city to fix the 
price to be charged for gas and electric light in this city. 

It has also reversed Judge Grosscup's decision in the famous 
ninety-nine-year case and succeeded in obtaining from the high- 
est tribunal in the land an overwhelming victory for the city. 
The United States Supreme Court declared that the 99 year 
claims of the companies had no existence either in law or in fact. 

The department also succeeded in obtaining from the United 
States Supreme Court a decree compelling the street railway 
companies to remove the tunnels constructed by them under the 
Chicago River at their own expense, thus saving the city ap- 
proximately a million dollars in cash. 

It also secured from the United States Supreme Court a 
ruling validating what is known as the special assessment act, 
by which streets may be improved and laid out in a summary 
and expeditious manner, without tax to the citizens at large but 
upon a system of bonds issued upon the particular improvement ; 
the decision not only sustained the legislation but also removed 
all doubt from as much as $20,000,000 worth of bonds then in 
existence for such improvements. 



DUNNE — JUDGE, MAYOR, GOVERNOR 319 

This department also obtained from the Supreme Court of 
the State, reversing the lower tribunals, an opinion establishing 
the right of the city to levy taxes and to force assessment upon 
the tunnel company, using the underground streets of the city. 

The law department also succeeded in having the Mueller 
law and the city ordinances passed thereunder, authorizing the 
issuance of not to exceed $75,000,000 worth of Mueller certificates, 
and the certificates themselves declared valid by the Circuit 
Court of this county. 

The same department, by its earnest and vigorous efforts 
before the board of review, has been able to increase the assess- 
able property to many millions in excess of previous years which 
will bring into the city treasury during the present year from 
two to three millions in cash as an extra fund for municipal 
purposes. 

The city attorney has succeeded in resisting claims to the 
extent of preventing judgment against the city for damages in 
excess of six per cent of the am^ount claimed. 

The corporation counsel's office has succeeded in cases liti- 
gated by that department in keeping the claims against the city 
down to $60,000 where over $800,000 were claimed in damages. 

Shortly after my inauguration as mayor, in company with 
other citizens, who believed that the prices charged for gas and 
electric light in this city were extortionate, I Avent to Springfield 
and urged upon the General Assembly the passage of a law en- 
abling cities to regulate the prices to be charged for gas and 
electric light. The Legislature, in response to the popular de- 
mand, passed a law enabling cities to fix such reasonable rates 
for gas and electric light. 

Promptly upon the passage of this act, T presented a message 
to the council, urging the passage of an ordinance fixing the price 
of gas at 75c per thousand cubic feet. The investigation made 
by the committee on gas, oil and electric light immediately there- 
after, in my judgment, warranted the fixing of the price of gas 
at that rate. But the committee, in its judgment, thought other- 
wise and reported into the council an ordinance fixing the price 
at 85c per thousand cubic feet. This ordinance was passed by 
the council. I vetoed the same, believing that the price was 
unnecessarily and unreasonably high. But the council passed 
the ordinance over my veto, the net result being that the citizens 
of Chicago now obtain gas at a price which is fifteen cents lower 
per one thousand cubic feet than was theretofore paid. 

I have recently recommended to the council the passage of 
an ordinance, reducing very materially the price charged for 
electricity for light and power, as well as the passage of an or- 



320 DUNNE — JUDGE, MAYOR, GOVERNOR 

dinance reducing the telephone charges hitherto made by the tele- 
phone companies of this city. 

My messages, recommending an investigation into the sub- 
jects of what is a reasonable rate for both these utilities, have 
been referred to the committee on gas, oil and electric light and 
I expect that prompt action will be taken thereon. 

I am clearly of the opinion that the prices hitherto charged 
by the electric light and telephone companies of this city are 
unjust and oppressive, and I am very anxious that the council 
take early action which will result in a very materially reduced 
rate and the obtaining of more efficient service from public utility 
companies by the citizens of this comraiinity and I earnestly re- 
quest that you use your powerful influence in securing this 
result. 

I have also sent three messages to the council, recommending 
that a flat rate of 8c per thousand gallons be fixed for water, 
furnished to the citizens of this city by the municipality. Upon 
entering office I found that the code contained an ordinance which 
permits the sale of water to one customer by meter at 4c per 
thousand gallons, to others at 6c, and to others at 10c. Such an 
ordinance, I believe to be unfairly discriminative and unjust to 
the people of this city. 

In each of my three messages, I have advocated the estab- 
lishment of a flat rate of 8c per thousand gallons. The reasons 
for the establishment of this rate are obvious. The main cost 
of a water system is the cribs, pipes and the pumping stations. 
These remain the same for all consumers. In my judgment, 
water should be sold exactly as gas is sold. It costs pro rata 
just as much to pump one thousand gallons as it does to pump 
a million. 

At the time of my first message, there were 5,749 water con- 
sumers using meters in the city of Chicago. Only 36 of these 
5,749 consumers would have their water bills increased by the 
change from the present rate to a flat rate of 8c. The remaining 
5,713 customers would have their bills reduced, while the net 
income to the city would be but slightly altered. The 36 cus- 
tomers whose water bills would be increased comprise mostly 
packing, railway and other large companies, which would not ap- 
preciably feel the difference in cost. There was never any legiti- 
mate reason, in my judgment, why these great concerns should 
be favored by the city and furnished Mnth water cheaper than 
the rest of our citizens. 

An address of this character would be incomplete without a 
brief discussion of the progress made in the settlement of the 
traction question during the year that has closed. On January 



DUNNE — JUDGE, MAYOR, GOVERNOR 321 

18 of this year, after a bitter and prolonged struggle in the city 
council, that body, pursuant to the popular will, as expressed at 
the polls, passed an ordinance, authorizing the issuance of not 
to exceed $75,000,000 worth of Mueller certificates for the acquisi- 
tion of a street railway system for the entire city. This ordinance 
provides for its submission to the people upon referendum and 
on April 3 of this year the people ratified the same upon popu- 
lar vote. 

On March 12, of this year, the city administration, through 
its traction counsel, secured a decree from the Supreme Court of 
the United States reversing Judge Grosscup and declaring null 
and void the 99-year claims of the traction companies. Within 
the last three weeks the city has also obtained a favorable de- 
cision in the Circuit Court of Cook County, sustaining the validity 
of the Mueller law, the ordinances passed thereunder and the 
certificates themselves. 

Every step taken by the administration up to the present 
time looking towards the municipalization of the street railways 
of Chicago has met with marked success. 

In the meantime, the city has entered into negotiations with 
the traction companies for the purchase of their lines. These 
negotiations contemplate the rehabilitation and modernization of 
these lines by the traction companies and the acceptance by them 
of the fair cash value of their present properties, plus the cost 
of rehabilitation with five per cent interest, with the understand- 
ing upon the part of the companies that they will accept this 
money at any time upon six months' notice and surrender their 
properties to the pity, no extension of franchises of any character 
to be given. 

Considering the opposition met with in the city council, the 
progress made towards municipalization has been rapid and en- 
tirely satisfactory. The appeal from Judge AVindes' decision to 
the Supreme Court will be decided in a very short time, and in 
such manner, it is to be hoped, as will end the traction controversy 
forever and in such a way as has been demanded by the people of 
this community. 

I will now notice briefly a few other marked improvements 
that have taken place within the last twelve months. Public 
gambling has been exterminated in this city. Private gambling 
may exist but, if so, it is carried on in private clubs, private 
homes or in private rooms rented from night to night. Public 
gambling, I confidently assert, has been stamped out in the city 
of Chicago, unless it be a whispered bet made by one gambler 
to another, which, by the utmost ingenuity of the police, it is 
impossible to reach. 

—11 



322 DUNNE — JUDGE, MAYOR, GOVERNOR 

Street walking and soliciting upon our public thoroughfares 
has also been suppressed or brought to an irreducible luininium. 
The brothels on LaSalle Street almost adjoining the courthouse 
and on Custom House Place, adjoining the Union League Club, 
which flaunted their vice in the public gaze when last we met, are 
no more. The vicious resorts on State Street, known as "Whis- 
key Row" which for years were an eyesore to the people using 
that thoroughfare, ceased to exist. 

Graft and boodle has disappeared from the city hall and from 
all departments of the city government. I have repeatedly ap- 
pealed to the public through the newspapers, during the last few 
months, to furnish me with evidence of graft in any of the city 
departments. I have solicited information, pledging myself to 
preserve confidentially the names of my informants, and have 
failed to find a single case of authenticated graft urged against 
any employe in any department of the city. 

The one o'clock saloon closing ordinance has been and is 
being enforced to the letter. I think all fair-minded men will 
agree with me that Chicago is freer from vice and crime today 
than at any time in its previous history. 

The ordinances of the city are generally being vigorously 
enforced without fear or favor. All classes of citizens are being 
treated exactly alike, whether they be clothed in rags or m 
broadcloth. Contracts have invariably been let to the lowest 
responsible bidder. The civil service law has been and is being 
honestly enforced. The health of the city was never better, the 
death rate in Chicago being lower than in any of the large cities 
of the United States. Public improvements are being carried on 
as extensively and as vigorously as the city's finances will allow. 
Many public improvements, it is true, are badly needed. A new 
city hall is badly needed. More schools are needed. Extensions 
of the fire department are needed. But, considering the re- 
sources that we have at hand, everything has been done, in my 
judgment, that could be done with the limited finances at our 
disposal. 

The water supply of the city is pure and wholesome, which, 
I regret to state, has not been the case in Rogers Park, which 
has been furnished with water by a private company. This 
company has so outrageously imposed upon the people of that 
section of our city by giving them impure and unwholesome 
water at double the rates charged by the city, that I have recently 
been compelled to turn on the city water there and order the 
Rogers Park Water Company to cease pumping impure and unsafe 
water through its mains. 



DUNNE JUDGE, MAYOR, GOVERNOR 323 

The work of track elevation has been constantly going on 
in the city, ten miles of track having been elevated during the 
first six months of this year. The city may well be proud of 
its electric lighting plant. From January 1, 1905, to July 1, 
1906, not less than 1,580 arc lights of 2,000 candle power each 
were added to the system, making a total of 6,675 in operation 
at the lattei" date, all of which cost the city about one-half of 
what the city was paying to private companies at the time we 
installed the municipal plant. 

The finances of the city are in a most excellent condition. 
City employes are paid their salaries promptly and all obliga- 
tions of the city are promptly met. The credit of the city was 
never better. 

Such is the record briefly of the year that has passed. This 
is the record of stewardship of the present administration during 
the year just closed, and I respectfully submit it to you for your 
careful and impartial consideration. > 



324 DUNXE — JUDGE, MAYOR, GOVERNOR 



JUDGE MURRAY F. TULEY. 

Address at His Funeral, 1906. 

Into this great city of two million people, within the last quar- 
ter of a century, have come men of extraordinary attainments, tire- 
less energy and of wonderful resources. In this city there existed 
the opportunity for the development of their great attainments and 
energies. They have made themselves felt in the commercial and 
professional fields of the city. Many of them have come, played 
their important parts and passed away, leaving their impress upon 
the public life of the city. 

Great captains of industry have come, amassed their millions 
and passed away to their reward. Men of paramount genius have 
arisen to the highest positions of dignity and power in their profes- 
sion, have achieved distinction and died. Other men who have had 
the aptitude for political life have come, played their important 
parts and gone. 

During the thirty years that I have resided in the city of Chi- 
cago, I know of no man, save probably one, whose loss to the com- 
munity will be more deeply felt than that of the "Grand Old 
Chancellor" who has just passed away. I know of no man, with 
that possible one exception, who has done more for civic righteous- 
ness and has accomplished more in the way of asserting the rights 
of the people and defending them against corporate aggression than 
he whom we mourn and honor today. 

The life of Murray F. Tuley must be viewed from three sepa- 
rate standpoints. First, from the standpoint of private citizenship ; 
second, from the standpoint of a judge, and third, from the stand- 
point of a powerful moulder of public opinion in the community. 

As a private citizen, Murray F. Tuley was remarkable for the 
simplicity and modesty of his private life. In these days of reckless 
extravagance, of huge fortunes, of display and pomp, Murray F. 
Tuley held to the simple life which characterized the citizenship of 
half a century ago. 

His tastes and domestic life were beautifully plain and simple. 
He loved his wife and home and for years spent all his leisure hours 
therein. He was plain in his dress and plain in his mode of life. 
His tastes remained as simple as those he acquired in his frontier 
life and in the Army. To the end of his life he was never attracted 



DUNNE JUDGE, MAYOR, GOVERNOR 325 

by the glitter and pomp of social and political life. He clung with 
hooks of steel to his old friends and associates of former years, and 
was loved and respected by them to a most remarkable degree. 

His books and his horse constituted his only luxuries. All his 
life he was devoted to horseback riding as a means for the preserva- 
tion of his health and because of the love that he and every Ken- 
tuckian has for that noble beast. 

In these days when divorce and estrangement are so common, 
when men of distinction seem to become careless of their mates, his 
pure, simple, domestic life stands out as a remarkable exemplar of 
domestic happiness and contentment. 

As a judge, Murray F. Tuley never had a superior if he had 
an equal, in the judicature of Cook County. I can, looking back 
over the lives and records of the many great men who have graced 
the bench of this county, find none, unless it be McAllister, who 
approached him in brilliancy, breadth, and conception of judicial 
duty. Gifted by nature with an intellect that was keen, incisive 
and comprehensive, he was also a student of remarkable diligence 
and concentration. To this was added a temperament of caution 
and deliberation. But above and beyond all he had an exalted 
sense of justice and impartiality. Strong intellect, untiring indus- 
try, patience, and a sense of justice, all combined, made him the 
ideal judge. 

Besides all these qualifications he had in his temperament and 
makeup that which is always necessary to make a good judge a 
great one, and that was unflinching moral courage. He dared to 
do what was right whether it was popular or unpopular. He was 
fearless of the clamor of the mob, whether that mob was arrayed in 
purple and fine linen or clothed in rags and armed with bludgeons. 
He often told me that, when he had a great case under advisement 
in which tliera was intense public interest, he avoided reading the 
newspapers lest they should unconsciously influence his decision. 
He has frequently said that a newspaper simply represents the 
ideas and views of one man or coterie of men, ■ and that that man 
or coterie of men are frequently either prejudiced or mistaken. 

It seemed always to be his desire to get at the heart of things 
and decide according to the law and the immortal truth, independ- 
ent of personal influences. He had a holy veneration for the ancient 
writ of right, the habeas corpus. He believed that the writ of 
habeas corpus and the right of trial by jury were the bulwarks of 
British and American liberty. 

Among his peers upon the bench, during the thirteen years 
that it was my delight to associate with him. his preeminent abili- 
ties as a judge made him easily the dean of the judiciary. Year 
after year he was elected without opposition as chief justice of 



326 DUNNE — JUDGE, MAYOR, GOVERNOR 

the Circuit Court, because all of his associates felt that by reason of 
his great and commanding talents he was justly entitled to the 
place. 

He attended as carefully to the routine and drudgery, inci- 
dental to his high position, as he did to the more honorable and 
distinguished features thereof. He used his great talents of dis- 
crimination with as much care in the selection of a justice of the 
peace or a park commissioner as he did in deciding the most impor- 
tant cases that came before him. He was a tireless, incessant and 
conscientious worker in everything that he undertook. 

He was absolutely impartial in his treatment of the bar. The 
leader of the profession received at his hands no different treatment 
than the young beginner in practice. He had an abhorrence of 
trickery and shystering tactics, and men guilty of unprofessional 
conduct went from the seat of justice over which he presided 
scorched with the anathema of insulted justice. He was feared only 
by men or interests that sought unfair advantages in courts of 
justice. Changes of venue were taken from him, but only by those 
who apprehended and feared a just and equitable decision. 

His decisions were as luminous as the light, ever just and ever 
impartial. The upper courts frequently incorporated his decisions 
into their own findings and published them as the views of the upper 
court. In the history of the judiciary of Cook County, as hereafter 
written, no name will appear in such luminous light or will have 
left behind it so enduring a memory as that of Murray F. Tuley, 
judge of the Circuit Court. 

As a moulder of public thought and as an architect of public 
laws, no man has achieved greater distinction in this community. 
He was one of the framers of the Constitution of 1870, and, had 
he lived, would have been one of the framers of the charter of 
1905, and during that whole period of thirty-five years no great 
movement, which had for its aim and object the amendment or 
improvement of the laws and ordinances of this city and State, 
ever took place that the name of Murray F. Tuley did not appear 
prominent in the movement. 

He framed the city and villages act which is the charter of 
the cities of this State, and codified the ordinances of the city of 
Chicago when corporation counsel of the city. He was one of the 
framers of the amendment to the Constitution adopted in 1903. No 
important law affecting the city of Chicago during that thirty-five 
years has ever been formulated without Judge Tuley being called 
into conference in relation to the same. 

He was the implacable foe of graft and corruption in any and 
every form in public life. Always a consistent Democrat of the 
type of Jefferson and Jackson, he never hesitated to denounce a 
Democratic grafter or corruptionist. 



DUNNE — JUDGE, MAYOR, GOVERNOR 327 

When the infamous Allen and Humphrey bills were put 
through the Legislature, Judge Tuley was one of the first men in 
the community to appreciate their malign significance and to attack 
them in the press and on the rostrum. As indicative of his vigorous 
character, I recall that when these laws were in course of incubation 
he was present at a meeting of a club called for the purpose of 
denouncing them. A communication from one of the traction com- 
panies was presented to myself as presiding officer of the club, in 
which — if I remember aright — some sort of a protest was made 
against the club taking action without hearing from the traction 
companies. Someone moved that the letter be placed on file when 
Judge Tuley jumped up and moved as a substitute thai the letter 
be referred to the State's attorney for further action. It simply 
was an indication of the hot resentment he felt at temporizing with 
the traction companies while legislation of such a character was in 
contemplation. 

Within recent years the Judge, who was always a great student 
and who was at all time solicitous of the public welfare, became a 
convert to the doctrine of the public ownership of public utilities. 
He became satisfied that this was the only sure way of avoiding the 
scandals and disgrace that had been perpetrated in the Legislature 
and the city council, arising out of the renewal of franchises giving 
private companies the right to operate these utilities. He also 
became satisfied at the same time that the people were as competent 
and as well able to operate these utilities, through competent agents, 
as were private companies. Having reached this conclusion he took 
a very determined stand, as we all know, in opposition to the exten- 
sion of franchises to private companies, and perhaps no man in 
public life exerted such a powerful influence in this community in 
preventing such measures, both in the Legislature and in the city 
council. 

At all times, the avowed and open enemy of special privilege 
and discrimination in favor of one class as against another class, 
he stood like a lion in. the path of those who were attempting to 
secure these priceless advantages. It was a singular tribute to his 
strength of character and the honesty of his purposes that the 
people of Chicago, in defiance of rings, cliques and political organi- 
zations, responded to his single call and carried the election last 
spring upon a platform which he assisted in building and which 
pledged the people of this community and the mayor of the city 
to a program which absolutely prohibited the granting of any 
further extensions of franchises to the present street car companies 
of this city. In response to his clarion call, as to the outcry of 
Paul Revere in former days, the people turned out and drove back 
into their entrenchments the bushwackers of the traction companies, 
as did the minute men drive back the redcoats on the eve of the 



328 DUNNE — JUDGE, MxVYOR, GOVERNOR 

Revolution. A more significant tribute to the strength, courage, 
honesty and the wisdom of one man has never before been exhibited 
in the civic history of this great city. 

To the very last his powerful intellect and great conscience 
were devoted to the success of what he called the people's move- 
ment, and but a few days before his death he spoke his last words 
of encouragement and support for the cause of municipal owner- 
ship. 

In his death I have lost a true friend and my wisest and 
most trusted advisor. The city of Chicago has lost one of its 
best friends and the people of this city have lost the most power- 
ful advocate and champion of their rights. 

While he himself has passed away to his eternal reward, the 
influence of his life will remain behind him. He is one of the 
deathless dead whose example, whose inspiration, whose counsel, 
w^hose advice and whose record of action will remain behind to 
influence, in the years to come, the policies of the public men of 
this community and to shape their acts for the public good. 

His name and his memory will live in the history of Chicago 
and in the hearts of Chicago's citizens when the names of its 
greatest financiers, its greatest merchant princes and its greatest 
captains of industry will be lost in oblivion. 

His love of the people and his solicitude for their welfare 
endured even to the end. Of no man who ever appeared in 
public life could it be more truly said, as was said by Whittier : 

"Strong to the end, a man of men, from out of the strife he passed; 
The greatest hour of all his life was that of earth the last." 



DUNXE — JUDGE, MAYOR, GOVERNOR 329 



VETOES TWO STREET RAILWAY 
ORDINANCES. 

Message to the Chicago City Council, February 11, 1907. 

To the Honorable, the City Council: 

Gentlemen: I return herewith, without my approval, an or- 
dinance passed at the last regular meeting of your honorable 
body, and published at pages 2944 to 2990, inclusive, of the cur- 
rent printed council proceedings, entitled "An Ordinance Author- 
izing the Chicago City Railway Company to Construct, maintain 
and operate a System of Street Railways in Streets and Public 
Ways of the City of Chicago," 

A also return herewith, without my approval, an ordinance 
passed at the last regular meeting of your honorable body, and 
published at pages 2990 to 3054, inclusive, of the current printed 
council proceedings, entitled "An Ordinance Authorizing the Chi- 
cago Railways Company to Construct, Maintain and Operate a 
System of Street Railways in Streets and Public Ways of the City 
of Chicago." 

My reason for withholding my approval of the above men- 
tioned ordinances are as hereafter stated. 

In my letter, addressed to Alderman Werno, chairman of 
the committee on local transportation, dated April 27, 1906, T 
stated that, in dealing with the traction question, ' ' The controlling 
consideration must be that nothing shall be done which will 
impair tlie right of the city to acquire the street railway sys- 
tems, as soon as it has established its financial ability to do so." 
This being the controlling consideration in framing these or- 
dinances, the right of the city to acquire the street railway prop- 
erties should be fully protected in the same. This, in my judg- 
ment, has not been done. 

While purporting, upon their face, to give the city the right 
to acquire the traction systems of the companies at any time 
upon six months' notice, the ordinances fail to provide practical 
methods for the acquisition of the systems. The properties can 
only be purchased by the payment of money. The city can 
only secure money by the issuance of Mueller certificates. At 
the present time, the authority of the city to issue certificates is 
limited to $75,000,000. After the payment of the usual broker- 



330 DUNNE — JUDGE, MAYOR, GOVERNOR 

age fees these certificates "will not net to exceed $72,000,000 in 
cash. The price of the present properties — tangible and in- 
tangible — as fixed in the ordinances aggregates $50,000,000. The 
cost of rehabilitation, it is admitted, will be from $40,000,000 to 
$50,000,000 and may run up to an unlimited amount, making the 
total cost to the city at least $90,000,000 to $100,000,000. 

One of the ordinances, to-wit, that running to the Chicago 
City Kailway Company, requires the payment of all cash. The 
other requires the payment of all cash, except the cost of re- 
habilitation which, under the terms of that ordinance, may be- 
come a lien subject to which the cit}' may acquire. 

It has been roughly estimated and stated before the com- 
mittee on local transportation that the cost of rehabilitation of 
both companies will be divided in the ratio of two-fifths in the 
case of the Chicago City Railway Company and three-fifths in 
the case of the Chicago Railways Company. If both the com- 
panies accept the ordinances and complete rehabilitation, it might 
be possible for the city to acquire both plants at any time, under 
the terms of the ordinances with $75,000,000 worth of j\Iueller 
certificates. But it was admitted, during the negotiations, that 
a consolidation of both companies is highly probable in the imme- 
diate future. Indeed, Mr. Wilson, representing the Chicago City 
Railway Company, in an address before the committee on local 
transportation, flatly stated, as an objection to his company 
agreeing to sell its plant to the city subject to the lien of the cost 
of rehabilitation, that he expected that that company would be 
called upon to expend $75,000,000 in the acquisition of the north 
and west side plants and in the rehabilitation of the three sys- 
tems, and that he would not, therefore, consent to have incor- 
porated in the ordinance to the Chicago City Railway Company 
a provision permitting the city to take over the plant, subject 
to the lien of the cost of rehabilitation. 

If the ordinance becomes effective and consolidation takes 
place, as is highly probable, in view of ^Ir. Wilson's statement 
and in view of the fact that the same financial interests dominate 
and control both companies, that consolidation will operate under 
the more favorable to the companies of the two ordinances and 
the more favorable of the two ordinances is that which runs to 
the Chicago City Railway Company. This ordinance must and, 
if it becomes effective, will be accepted within ninety flays. The 
other ordinance need not be accepted until one hundred and sixty- 
five days after its passage and, in my judgment, it is highly 
probable that it will never be accepted. I confidently predict 
from what has come to my knowledge during these negotiations 
that a consolidation will take place within the early future and 



DUNNE — JUDGE, MAYOR, GOVERNOR 331 

that when that consolidation does take place it will be under the 
ordinance of the Chicago City Railway Company which provides 
that the city may not acquire the plant unless upon the payment 
of cash to the amount of the total cost of all the properties and 
the rehabilitation of the same. The city being in the position of 
having only $72,000,000 worth of cash on hand, as at present 
authorized by the Mueller certificate ordinance, it will never 
be in a position to acquire these plants until the city council 
shall see fit to pass supplemental ordinances authorizing Mueller 
certificates to the aggregate of at least $100,000,000. 

It may be said that the city council can pass such ordinances 
in the future, but from all our experience within the last two 
years we must know what almost insuperable obstacles will be 
offered to the passage of such supplemental ordinances. Although 
the citizens of Chicago declared for immediate municipal owner- 
ship of the traction systems of this city in the election of April, 
1905, by a vote of 141,518 to 55,660, and although I was elected 
mayor by a majority of nearly 25,000 on that sole issue, we all 
know how difficult it was, notwithstanding that tremendous pop- 
ular vote, to obtain any ordinance authorizing the issuance of 
Mueller certificates and that when the ordinance was finally 
passed, it was the result of a sudden and most remarkable change 
in aldermanic sentiment as expressed in previous votes. 

Unless a provision is now incorporated in these ordinances, 
limiting the cost of rehabilitation at any time to the amount of 
Mueller certificates authorized to be issued, in my judgment, it will 
be most difficult, if not impossible, judging of the future by the 
past, to obtain the passage of such ordinances, no matter what may 
be the popular sentiment upon the question. 

Already the influences, inimicable to municipal ownership, are 
making themselves manifest in the State Legislature, where a bill 
is now pending to limit the issuance of bonds for the acquisition of 
public utilities. If a provision were inserted in these ordinances, 
as in my judgment it should be, limiting the amount to be ex- 
pended by the companies on rehabilitation to an amount within the 
limit of the Mueller certificates, now authorized or which shall here- 
after be issued, it would be to the interest of both the traction 
companies and the people to have such ordinances passed, and as 
both the traction companies and the people would be interested in 
the passage of such ordinances, we could confidently count upon 
the enactment of ordinances authorizing such certificates. Nor 
would this delay the progress of rehabilitation.- Such an ordinance 
could be passed with the cooperation of the traction companies and 
submitted to the people within one year and during that year the 
companies could hardly expend $22,000,000 in rehabilitation. 



332 DUNNE — JUDGE, MAYOR, GOVERNOR 

If these ordinances become effective in their present form with- 
out any such provision, it will be plainly and clearly to the interest 
of the traction companies, in order to prolong the life of their tenure 
in the public streets, to oppose at all times the passage of such 
ordinances. That they would exert their influences in that direc- 
tion will not be denied. I, therefore, unhesitatingly state that, in 
the present condition of these ordinances and with the strong proba- 
bility that consolidation of these companies will take place under 
the ordinance of the Chicago City Railway Company, it will be 
impossible for the city to purchase from $90^000,000 to $100,000,000 
worth of property with cash while our resources under the present 
ordinance are limited to but $72,000,000 in cash. 

Nor can we hope with any confidence, under the terms of these 
ordinances, that a fund will certainly be acquired out of the fifty- 
five per cent net receipts which becomes the property of the city. 
The traction companies have been very loud in their protestation 
that the city's portion of the net receipts will aggregate $1,350,000 
during the first year of the ordinances and that these profits will 
increase year by year. But when they were asked in committee to 
guarantee that such returns would come to the city by amending 
their ordinances so as to guarantee at least eight per cent of the 
gross receipts, they utterly refused to do so. "VVe must, therefore, 
view with serious misgivings their assertions that the net receipts 
coming to the city will be any substantial part of the gross receipts. 

Before the committee on local transportation an effort was 
made by the city's representatives to obtain a guarantee of at least 
eight per cent of the gross receipts, but the companies refused this 
most reasonable proposition. Notwithstanding that refusal, you 
have passed these ordinances without any provision of any charac- 
ter for gross receipts. 

Not only do the ordinances fail to guarantee to the city an 
income of any character, but, if the ordinances become effective, 
approximately $125,000 per year, which is now paid to the city 
under existing ordinances, will be wiped out. 

While under the terms of these ordinances the city would be 
compelled to pay from $90,000,000 to $100,000,000 in cash with 
less than $72,000,000 available, and while there is no provision for 
a guarantee of a sinking fund, the city is further embarrassed by a 
provision in the same which permits these companies to charge ten 
per cent contractor's profit upon the cost of rehabilitation and at 
the same time ordinances permit them to make subcontracts. Sub- 
contractors will not work without a contractor's profit and pre- 
sumably the subcontractor will obtain his ten per cent profit, and 
yet after the payment of the subcontractor with his profit, the com- 
pany is empowered under the ordinances to charge ten per cent 



DUNNE — JUDGE, MAYOR, GOVERNOR 333 

additional, both on the cost of subcontracts and the profit obtained, 
therefrom. There is nothing in the ordinances to prevent the gen- 
tlemen in control of these properties from organizing construction 
companies and having these construction companies obtain a con- 
tract, with the approval of the board of supervising engineers, for 
the building of power houses, railway barns and other costly 
structures in which event the construction company will be paid 
its usual profit and the company, in addition to this profit, will be 
permitted to charge the people in case of purchase an additional ten. 
per o,ent for letting of these contracts. 

Under the terms of the ordinances no licensee company, to^ 
which the city may give a license, may acquire the plants of the 
present companies, unless upon the payment of a twenty per cent 
bonus over and above the price the city would have to pay, if it 
acquired the properties for municipal ownership and operation. 
The reason advanced by the traction companies for insisting upon 
this premium was that they should be protected against the sand- 
bagging operations of rival capitalists. That some protection, if 
not to this amount, should be given against the machinations of 
other capitalists might well be conceded but an effort was made 
before the committee on local transportation to have the present 
companies consent to the incorporation in the ordinances of a pro- 
vision that, if a licensee company should offer to the city to accept 
an ordinance of similar character and give the citizens of Chicago 
a four-cent fare, that, in such ease, the companies should take the 
money invested in the plant and turn over the properties to the 
company that would give the citizens of Chicago a four-cent fare. 
This provision the companies absolutely refused to accept. In my 
judgment a rival company that offered such terms to the citizens 
of Chicago could in no aspect of the case be considered in the light 
of a sandbagging corporation and I believe that, in the interest of 
the people of this community, such a provision should be incorpo- 
rated in these ordinances, particularly in view of the fact that three- 
cent fares now prevail in Cleveland and Detroit, and will soon 
obtain in many other American cities, and that a four-cent fare 
with universal transfers now obtains in Indianapolis. 

Even at the expiration of twenty years, under the ordinances 
as at present framed, the city or any licensee company could not 
take possession of the property until it has paid the present com- 
panies the value of their present properties and the total cost of 
the rehabilitation ; although at that time and for many years prior 
thereto the $9,000,000 worth of unexpired franchises now existing 
and the $4,358,743 worth of cable property, which is now part of 
the contract purchase price of $50,000,000, will have wholly dis- 
appeared. 



334 DUNNE — JUDGE, MAYOR, GOVERNOR 

There are other objeetidns to the ordinances of quite serious- 
character. In the precipitous haste with which the ordinances 
were passed in an all-night session, immediately after the adjourn- 
ment of the committee on local transportation at seven o'clock p. 
m., some twenty-eight amendments which had not, before the meet- 
ing of the council, been printed, were incorporated in the ordi- 
nances and some thirty-eight amendments were voted down. Many 
of the amendments offered, accepted and rejected, were long and 
complicated, one of those accepted containing over three thousand 
words, and could not in the nature of things have been understood, 
even if heard, by the members of the city council during the ex- 
citing session. 

It is not to be wondered at, therefore, that such laudable 
amendments as those which provided for the arbitration of dis- 
putes between the companies and their employes, a provision 
limiting the cost of rehabilitation to the amount of Mueller cer- 
tificates authorized, amending the clause permitting subcon- 
tractors' profits, requiring a guarantee of eight per cent of the 
gross receipts and protecting the public in the right to secure a 
four-cent fare or a three-cent fare, should have been voted down; 
and that no provision now^ appears in the ordinances regulating 
the maximum hours or the minimum wage to be paid to em- 
ployes; nor that the agreement between John A. Spoor, Thomas 
E. Mitten, the city of Chicago and the First Trust and Savings 
Bank, which purports to remo\^e the obstruction created by the 
existence of the present general electric ordinance, is not signed 
by any of the parties. 

The ordinances have ndt only failed to thoroughly secure 
the demands of the people for early municipalization of the trac- 
tion systems but the method of their passage lacked the delibera- 
tion and careful consideration which measures of such importance 
to the public require. 

Under the provision relating to power houses and buildings, 
the companies are permitted to secure power from any source 
other than the companies' own power plants, with the approval 
of the beard of supervising engineers. This provision would 
permit the companies, subject only to the approval of the board 
of supervising engineers, to make contracts for any length of 
time and for any price with the Edison or Commonwealth Com- 
panies, and if the city took over the systems, it might be com- 
pelled to assume the burden of such a contract, no matter how 
remunerative it might be to the power company or however 
onerous it might be upon the city, or however desirable it may 
be for the city to furnish its own power. 



DUNNE — JUDGE, MAYOR, GOVERNOR 335 

Because of the foregoing serious objections, some of which, 
in my judgment, will make it impossible for the city, as at present 
circumstanced, to acquire the funds necessary to purchase these 
properties, I am deliberately of the opinion, after receiving light 
from all available sources, that these ordinances, while ostensi- 
bly permitting the city to acquire the plants at any time upon six 
months' notice, really and in fact place the city in such a position 
as to make it impossible to carry out the purchase under the 
terms of the ordinances. 

As, in my judgment, it will be impossible for the city under 
the terms of these ordinances, from its present existing resources- 
procured by the sale of Mueller certificates, to acquire the prop- 
erties at any time for municipal ownership, these ordinances are- 
not municipal ownership measures, but ordinances masking under 
the guise of municipal ownership, while really and in fact giving 
the present companies a franchise for twenty years, if not longer^ 
This is in violation of my letter to Alderman Werno, referred to 
above, to Avliich it is claimed these ordinances conform, and whicli 
letter distinctly stated that these companies should be given the 
right to operate "under revocable licenses," and further stated 
that "it is absolutely essential that nothing shall be done to 
enlarge these present rights of the existing companies or to de- 
prive the city of its option of purchase at any time." 

The people have demanded that any ordinances which may 
be passed dealing with this traction question must preserve the 
right of the people to municipalize at the earliest possible moment 
and they have a right to have their repeated demands carried 
out in spirit and in letter and no ordinances which in fact prevent 
the city from acquiring these properties for many years to come 
should be passed contrary to their instructions. 

Respectfully, 

E. F. Dunne, Mayor. 



336 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE TRUTH ABOUT THE ISSUES OF 
THE MUNICIPAL CAMPAIGN 
- OF 1907. 

Address at the Jefferson Club Banquet, March 9, 1907. 

Mr. Chairman and Gentlemen: 

The Democratic party of the city of Chicago has nominated 
its municipal ticket and adopted a platform in accordance with 
the overwhelming sentiment of the rank and file of the Demo- 
cratic party. The Jefferson Club, ever true to the principles of 
progressive democracy, as enunciated in the recent platform of 
our party, is among the first of the Democratic organizations to 
ratify that platform and to offer its assist-ance for the success 
of the ticket. I thank you in behalf of myself and my col- 
leagues upon the ticket for your prompt and loyal support. 

I thank my fellow citizens tliroughout the city for my re- 
nomination to the office that I now hold because I regard it, as 1 
have a right to regard it, as an endorsement of the course of the 
Democratic administration during the past twenty-three months. 

The Democratic party, in my judgment, has reason to be 
proud of the record and achievements of the city administratioiv 
during that period. A brief review of what has been done must 
satisfy every fair-minded citizen that the administration has 
been conducted in the interest of the people of this community. 

When I was elected mayor in April, 1905, the citizens of 
Chicago were paying one dollar per thousand cubic feet for gas, 
a price which the experience of modern cities shows to have been 
extortionate. Shortly after vaj inauguration in company with 
a committee of citizens appointed by me, I went to Springfield 
and urged upon the Legislature the passage of a law enabling 
cities to regulate the price to be charged for gas and electric 
light. 

The General Assembly, in response to the demand of this 
committee, passed such a law and the same was ratified by the 
people upon referendum vote. Immediately after the adoption 
of this act, the mayor of Chicago presented a message to the city 
council, asking that the price of gas be reduced to 75 cents per 
thousand cubic feet. After investigation the council in its wis- 



DUNNE — JUDGE, MAYOR, GOVERNOR 337 

dom, passed an ordinance fixing the rate at 85 cents. I vetoed 
that ordinance, believing the price was unnecessarily high. I 
believed then, and I still believe, that 75 cents would have been a 
just and reasonable rate. However, the people of Chicago now 
obtain gas at a rate fifteen cents lower per thousand cubic feet 
than was theretofore paid. 

Upon entering office I found in the municipal code an ordi- 
nance permitting the sale of water to one consumer by meter at 
4 cents per thousand gallons, to another at 6 cents and to others 
at 10 cents. This ordinance had been in the code for a number 
of years and was so grossly inequitable and unfair that your 
mayor demanded its repeal and the passage of an ordinance which 
would be fair to all persons and corporations alike. I could see 
no sound reason why a few powerful corporations should be 
favored by this city and furnished with water cheaper than the 
rest of our citizens, and I sent a message to the council, calliog 
its attention to the iniquities of this ordinance. 

As the result of my first message, I was unable to secure any 
action in the city council. After waiting several months, I again 
sent a message to the council which met a like fate. Finally, in 
September, 1906, I reached the determination that this inequit- 
able ordinance must go and I again addressed a third message 
to the council, pointing out the unfairness and injustice of 
this ordinance. Finally, as a result of this third message, the 
city council, within the last ninety days, passed an ordinance 
establishing a flat rate of 7 cents to all consumers alike. 

Under the present ordinance, some thirty-six large corpora- 
tions in this city, which have formerly been buying water at 4 
cents per thousand gallons, are now paying 7 cents, while manv 
thousand small consumers which had heretofore been paying 10 
cents are now paying the same rate of 7 cents. Nor is there any 
loss of income to the city but, on the other hand, a slight increase, 
owing to the fact that these large consumers use as 'much water 
as all the small ones combined. This reduction in the price of 
water and the establishment of a flat rate to all citizens alike must 
be credited to the Democratic administration. 

During the present administration, I am also pleased to state 
that, through the vigorous action of the law department, we 
obtained from the Illinois Supreme Court a decision reducing the 
price of telephones for unlimited service from $175 to $125 per 
annum, which is in itself a great boon to the citizens of this 
community. 

During the present administration, moreover, the Chicago 
Telephone Company, which has a monopoly upon the telephone 
business in this city, has been haled in before the committee 



338 DUNNE — JUDGE, MAYOR, GOVERNOR 

on gas, oil and electric light and has been flatly informed that, 
as its present franchises are about to expire, it must, if it seeks 
an extension of these franchises, be prepared to consider further 
reduction of rates for this public utility, and I am pleased to say 
that rival corporations are now competing before that committee 
for the privilege of furnishing telephone service to the citizens 
of Chicago at a rate as low as $80 per annum for unlimited 
service. 

During this administration, the prices charged for electric 
light have been reduced, according to information given me by 
city electrician Carroll, over twenty-five per cent. The city 
council a few months ago passed a contract ordinance granting 
valuable consolidation privileges to the Edison and Common- 
wealth Companies. The terms of this ordinance, in my judg- 
ment, were prejudicial to the interests of the people of this city, 
and it was my veto alone that delivered the citizens of this com- 
munity from an impending electric-lighting monopoly. 

Reduction in the price of gas, water, telephone service and 
electric light must all be placed to the credit of the present Demo- 
cratic administration. 

Nor is this the sum total of what has been achieved during the 
last twenty-three months. The city of Chicago has added materially 
to its police and fire departments and the city is receiving better 
police and fire protection today than it ever did before. The effi- 
ciency of the police department is attested by the statement of the 
Anti-Crime league, made within the last few days, in which that 
responsible organization, composed of such men as Bishop Fallows, 
Bishop Muldoon, Rev. John Thompson, Carl L. Barnes, Quin 
O'Brien, Nathaniel C. Sears, Charles D. Richards, E. J. Davis, 
I. P. Rumsey, J. H. Fitch, A. J. Petit, Eugene 0. Reed, F. P. 
Sadler, G. C. Longman, and Frank J. Shead, publicly states that 
Chicago is today "freer from vice, crime and lawlessness than it 
has ever been in its history," and further stating that "the infu- 
sion of this new blood (in the police department) has given tone 
and efficiency to the entire department, as is shown in the minimi- 
zation of crime from which we have practically been free this win- 
ter, in the marked improvement of traffic on our streets and the 
general betterment of all conditions to which a police department 
contributes. ' ' 

I also found upon entering office that there existed in the heart 
of the city, within the loop and immediately adjoining the same, 
several nests of disreputable houses ; on La Salle Street, near the 
courthouse, and on Custom House Place and on State Street, which 
were an eyesore to the public and a menace to public morals. These, 
through the efficiency of the police department, have been abso- 



DUXXE — JUDGE, MAYOR, GOVERXOR 339 

lutely exterminated. Street walking in this city has been sup- 
pressed and public gambling has been stamped out. 

The present city administration also entered upon a vigorous 
crusade against the sale of decayed and diseased meats and other 
unwholesome foods ; the result of which crusade has been the stamp- 
ing out of such sales, for which too much credit cannot be given to 
the present commissioner of health and his staff. 

Upon entering office, I found that a large number of unscru- 
pulous merchants were using short weights and false measures in 
the sale of commodities. The vigorous and persistent efforts of the 
present city sealer, Mr. Joseph Grein, have practically eliminated 
these dishonest practices in this city. 

During the whole of the administration, we have been vigor- 
ously asserting the right of the community to compensation for the 
use of public property, both under and over the sidewalks of the 
city, and we have collected a large amount of rental from that 
source. 

The administration, moreover, through the sturdy and vigorous 
enforcement of the building laws by Commissioner Bartzen, has put 
a stop to violations of these ordinances, both by the merchant prince 
on State Street and Wabash Avenue, as well as by the humblest 
citizen in the outskirts. In enforcing these ordinances the depart- 
ment has shown neither fear nor favor. 

A like vigor has characterized the administration of the law 
department of the city. That department has laid away forever 
the 99-year ghost which intimidated for so many years the citizens 
of this community. The same department has won almost every 
important case that it has carried to the Supreme Courts and has 
succeeded in collecting, as shown by the report of Corporation 
Counsel Lewis to the city council, over $2,000,000 from corporations 
and estates hitherto- evading just taxation which had been eluding 
the sleepy eyes of the board of assessors and the board of review. 

An honest and public-spirited board of education has suc- 
ceeded in unearthing and exposing to the public gaze the scandalous 
and dishonest leases of school property, given by former boards to 
favored corporations, and this board is now engaged in the effort 
to set aside those scandalous and dishonest leases in the interest of 
the school children of this community. 

The administration of the commissioner of public works has 
been honest, vigorous and efficient. All contracts have been let to 
the lowest bidders and no favor of any sort has been shown to one 
contractor over another. Two large pumping engines have been 
installed and started during the present administration and more 
water has been pumped at a cheaper price than ever before in the 
history of the city. 



340 DUXXE — JUDGE, MAYOR, GOVERNOR 

During the past two years the department of electricity has 
placed more electric lights on the streets than were placed during 
the first eleven years ' life of the municipal lighting plant and more 
than four times as many as were placed during the combined six 
years' administration of Mayors Roche, AVashburne and Swift. 
During these two j^ears the department has added to the street 
lighting a total number of lamps which, expressed in candlepower, 
exceeds the entire street lighting in all Chicago in the year 1896. 
The lights have been operated at a reduced cost and the wages 
of the operating force have been increased. The average cost per 
arc lamp during 1905 and 1906 under this administration was 100 
per cent less than during 1891 and 1892 under Washburne. 

Upon entering office, I found in the code an alleged smoke 
correction ordinance which was a travesty upon legislation. 
Under its terms, it was well-nigh impossible to obtain a convic- 
tion. At my instance the city council repealed this fake or- 
dinance and enacted a new ordinance under which 1,330 suits 
were commenced during the year 1906, and $24,195 assessed in 
fines, an increase over the previous year, under the old ordinance, 
of 200 per cent in the number of suits brought and near 400 
per cent in the amount of fines assessed. 

The civil service laws, during the present administration, 
have been honestly and rigidly enforced and no man has been 
discharged from the public service, until after a full and fair 
trial has been given him. In this connection it might be well 
for me to call attention to the fact that the civil service law, 
as administered in county offices, compared with the civil service 
law, as administered in the city hall, is a farce. It might be 
well also for me to call attention to the fact that the Republican 
platform pledges the nominees of that convention to what the 
platform calls "the practical enforcement of the merit system." 
What the practical enforcement of the merit system may be, of 
course, will be construed by Republicans in case of Republican 
success, and in view of the fact that these gentlemen have been 
advocating the passage at Springfield of an amendment to the 
civil service law, under which civil service employes can be dis- 
charged without trial, I am forced to the conclusion that a prac- 
tical enforcement of the civil service law, from a Republican 
standpoint, will mean the displacement, without trial, of public 
officials Avho may happen to be Democrats. I do not favor nor 
does the Democratic party favor the peremptory discharge of 
public officials, without a hearing. If this right be given, it is 
my belief that the political ax will be used with much vigor and 
with much injustice. 



DUNNE — JUDGE, MAYOR, GOVERNOR 341 

The finances of the city were never in better condition. At 
the close of the year 1904, the corporate purposes fund showed 
a deficit of $218,503.51. On the 31st day of December, 1905, 
there was a surplus of $889,872.90 and on the 31st day of Decem- 
ber, 1906, there was a surplus of $4,274,771.43, the largest amount 
of surplus on hand in the history of the city. There was also 
a reduction in the charges for interest of $137,392,33. 

The above are a few of the actual accomplishments of the 
present Democratic administration which have redounded to the 
material welfare of the citizens of Chicago. Energy and honesty 
have characterized the administration of every department of 
the city government. I have made the city hall an unsafe place 
for grafters. I have permitted no man or no set of men to place 
their collar around my neck and I have treated all classes of 
citizens exactly alike, whether they were clothed in rags or in 
broadcloth. 

Your mayor was elected upon a pledge to institute immediate 
proceedings to bring about municipal ownership. The adminis- 
tration has kept that pledge. Immediately upon entering office 
I appointed as special traction counsel, Messrs. C. S. Darrow and 
Glen F. Plumb, who, acting in conjunction with the corporation 
counsel and Mr. E. B. Tolman, took vigorous hold of the 99-year 
litigation which had been slumbering in the Federal Court and 
pushed it v/ith great tenacity and vigor to the United States 
Supreme Court, where, within a year after I entered office, that 
litigation was disposed of favorably to the city. 

"Within six months after my induction into office, I formi>- 
lated and submitted to the city council two plans for the bringing 
about of the municipalization of the street cars of this city. 
Neither of these plans, I regret to say, seemed to meet with the 
approval of the city council. They were referred to the com- 
mittee on local transportation and were pigeonholed by that 
committee, while the committee, contrary to the expressed will of 
the people, proceeded to negotiate with the street railway com- 
[)anies for an extension of their franchises. I sent message after 
message to the council, protesting against this policy but with- 
out avail. Ordinances were drafted and were being pushed to 
<'oinpletion, granting franchises to these companies of such char- 
acter that the citizens of this city, even those not believing in 
municipal ownership, rose in protest and finally, through the ef- 
forts of these protesting citizens, the proposed franchise extension 
ordinances were laid upon the shelf. This being done, the council 
adopted one of the plans, drafted by me, known as the "City 
plan" which called for the issuance of not to exceed $75,000,000 
worth of Mueller certificates. 



342 DUNNE — JUDGE, MAYOR, GOVERNOR 

This ordinance was promptly signed by the mayor arid was 
submitted to the people and approved by them at the election of 
April, 1906. Although the program, looking towards the muni- 
cipalization of the street cars of this city, recommended by me 
to the council, was seriously retarded by reason of the fact that 
the city council disagreed with me for a long period, nevertheless 
it has triumphed both in the council and before the people. 

The ordinance, authorizing the issuance of not to exceed 
$75,000,000 worth of Mueller certificates, is now a law and the 
validity of that ordinance and of the Mueller law, upon which 
it is based, is now being tested in the courts. Both the law 
and the ordinance have already been declared valid by Judge 
Windes in the Circuit Court of Cook County and I confidently 
expect the Supreme Court within a short time to affirm that 
decision. 

It will be seen from what I have just stated that the ad- 
vancement towards municipalization has been thoroughly suc- 
cessful and, considering the difficulties which were surmounted, 
it has been reasonably expeditious. 

The people have won in the Supreme Court of the United 
States, when that court declared the 99-year act nonexistant. 
They have won in the council, when that body passed the Mueller 
certificate ordinance. They have won at the polls Avhen the 
Mueller certificate ordinance w'as approved. They have won 
in the Circuit Court of Cook County, when that court declared 
the ordinance and the Mueller law valid and constitutional, and 
they expect to win in a few days in the Illinois Supreme Court, 
when that court will affirm Judge Windes' decision. 

After the ratification by the people of the Mueller certificate 
ordinance in April, 1906, I deemed it advisable, upon consultation 
with the best friends of municipal ownership in this city, to ap- 
l^oint, Mr. Walter L. Fisher, as traction counsel in the place of 
Mr, Clarence S. Darrow, resigned, and to enter into negotiations 
with the present companies, pending the hearing of the litigation 
which would test the validity of the Mueller law and the or- 
dinance, to ascertain wii ether these companies would be Avilling to 
agree upon a fair price for their present properties, and rehab- 
ilitate the same upon plans to be agreed upon between the city 
and the companies, and then turn over these plants to the city 
at any time upon the payment of the purchase price and the 
reasonable cost of rehabilitations. 

I addressed a letter to the chairman of the committee on 
local transportation, Alderman Werno, embodying my views 
upon the matter. This communication is now generally known 
as the "Werno letter". 



DUNNE — JUDGE, MAYOR, GOVERNOR 343 

In this letter I declared: 

"The city should therefore be given the right of purchase 
at any time, * * '" It does possess the right without being 
given it by any further act of the companies. This right should 
be jealously preserved until municipal ownership has been ac- 
tually obtained. * * * The controlling consideration must be 
that nothing shall be done which will impair the right of the 
city to acquire the street railway system as soon as it has estab- 
lished its financial ability to do so. * * * If they (the com- 
panies) will join, if possible as one company, in the reconstruc- 
tion of their entire system, upon plans to be adopted by the city, 
with their concurrence, which shall provide for unified service, 
through routes, universal transfers and operation, under revoc- 
able license, then they should be adequately assured of the pay- 
ment of the value of their present property (to be now fixed 
before rehabilitation) and additional investment when the city 
does take over the lines, and they should receive a fair return 
upon this present and future investment and some share of 
the remaining net profits while they continue to operate. Sub- 
ject to these provisions, the net profits of operation should go to 
the city as a sinking fund for the purchase of the property." 

The traction companies agreed before the committee on local 
transportation to carry on negotiations along these lines and that 
committee and the ma.yor industriously carried on negotiations 
v/ith these companies until the early part of January of this year. 

Many of the conditions insisted upon in the "Werno letter" 
were apparently complied with by the companies. They agreed 
to sell their properties upon six months' notice. They furnished 
an inventory of their tangible property and permitted the experts, 
employed by the city, to examine into the value of the same. 
They agreed upon a price for their tangible property now ex- 
istent. But as the negotiations proceeded towards culmina- 
tion, it was found that they had inserted in the proposed ordi- 
nances many provisions which would be dangerous to the public 
interests and which would practically prevent consummation of 
the people's desire for municipal ownership. 

These provisions were pointed out to them by myself and 
others and they were urged to strike out and amend the same 
so as to make them satisfactory to the popular demand. These 
requests were refused, and the transportation committee pro- 
ceeded with remarkable haste to finish up these ordinances, con- 
taining as they did these dangerous provisions. This was the 
situation of affairs upon the 7th of January last. 

Wlien you elected me your mayor, I pledged myself solemnly 
to the people, as did also Mr. Harlan, to give them an oppor- 



344 DUNNE — JUDGE, MAYOR, GOVERNOR 

tunity to pass upon any ordinance or ordinances settling the trac- 
tion problem before final adoption. The city council, by its 
unanimous vote on October 15, 1905, had gone on record to the 
same effect. 

On January 7, 1907, knov^^ing that but twenty-four days 
were left under which steps could be taken to give the people a 
chance for a referendum vote on the present ordinances, I asked 
the council in a message to reenact the Foreman resolution of 
October 15, 1905, so as to permit the people of this city to have 
the last say upon the traction question. To my great astonish- 
ment, the council, by an overwhelming majority, refused to re- 
enact the Foreman resolution. The only method by which I 
could keep my pledge to the people, after the refusal of the coun- 
cil to cooperate with me, was to appeal directly to the people. 
This I did on the 8th of January. I issued an address to them, 
stating the circumstances then existing and asked them to assist 
me by getting up referendum petitions upon the proposed or- 
dinances and filing the same with the election commissioners 
within the ensuing twenty-four days. The people of this city 
responded with alacrity and vigor and petitions were being cir- 
culated throughout the city for that referendum. 

The committee on local transportation, noting the {■ul'Iic i-^' 
spouse, one week afterward, passed a resolution cooperating in 
the securing of the referendum. That cooperation was not 
needed, although it was gladly Avelcomed. The people would have 
responded with or without that belated action. Over two hun- 
dred thousand votes in favor of the referendum upon this im- 
portant question was the answer to my appeal to the public of 
January 8. 

But, it should be noted, upon the question of the referendum, 
the Republican platform is strangely and significantly silent. It 
makes no mention of that measure which is the strongest safe- 
guard of the people against improvised and vicious legislation. 

As the result of my pledge to the people and my determina- 
tion to keep that pledge, these ordinances are now before the peo- 
ple for their approval or condemnation. The people must take 
the final responsibility as to their adoption or rejection. Upon 
them now rests that grave responsibility. Their decision will 
be binding upon the next mayor. If they approve these ordi- 
nances, he is bound — and I will be bound, if elected — to see that 
they are carried out in accordance with the people's desire. If 
they reject these ordinances, the next mayor must obey — and I 
will obey, if elected — that mandate, as expressed at the polls. 
That they should be condemned is my honest conviction and I so 
advise the people of this city. 



DUNNE — JUDGE, MAYOR, GOVERNOR 345 

While upon their face, pretending to be ordinances which 
secure the right of the people to municipalize, these ordinances 
make it practically impossible for the people to do so. There are 
two ordinances, one running to the Chicago City Railway Com- 
pany and the other running to the Chicago Railways Company. 
The ordinance to the Chicago City Railway Company must, and 
in my judgment will be accepted, if approved by the people, with- 
in sixty days. The ordinance to the Chicago Railways Company 
must, and in my judgment will not, be accepted within one hun- 
dred and sixty-five days. 

My reasons for making this statement are as follows : During 
the negotiations, I learned that there would be a consolidation 
of the companies and that that consolidation would take place 
under the ordinance running to the Chicago City Railway Com- 
pany, with Mr. Mitten, the presideht of the latter company, in 
charge. 

Mr. Wilson, representing the Chicago City Railway Com- 
pany, stated flatly before the committee that he expected that 
his company might be called upon to advance $75,000,000 for 
the rehabilitation of the Chicago City Railway Company and for 
the acquisition and the rehabilitation of the west and north side 
companies. The ordinance to the Chicago Railways Company, 
moreover, is so complicated and contains so many difficult, if not 
impossible, conditions as to make it, in my judgment, impossible 
of acceptance and fulfillment by the Chicago Railways Company. 
If the Chicago City Railway Company accepts and the Chicago 
Railways Company refused to accept or fails to carry out the terms 
of its ordinance, then the city of Chicago, in acquiring the trac- 
tion lines of the city, must deal with the Chicago City Railway 
Company. 

The ordinance to that company requires the city to pay all 
cash before it can take over the property. The cost price will 
be (as admitted by Mr. Arnold) from $90^000,000 to $100,000,000. 
The city has no fund with which to acquire the property, except 
that derived from the sale oE the Mueller certificates, heretofore 
authorized by the city council. These certificates will not net 
to exceed $72,000,000 in cash. In other words, under the terms 
of the Chicago City Railway ordinance, the city must buy 
$100,000,000 worth of property in cash with $72,000,000 in cash, 
an utter impossibility^ 

In order to obviate this difficulty, I suggested to the commit- 
tee on local transportation and to the traction companies that they 
either provide that the city might purchase, subject to the cost of 
rehabiliation, or provide that the cost of the improvements shall 
at no time exceed the amount of Mueller certificates authorized. 



346 DUNNE — JUDGE, MAYOR, GOVERNOR 

Both propositions were refused. The sole object of refusal must 
have been to put the city in such position as to make it unable to 
purchase. It could have no other object. 

Another most objectionable and dangerous feature in the 
ordinances is that there is no guarantee that the net profits shall 
amount to any definite sum or proportion of the gross receipts. 
The traction companies were very loud in their claims that the 
city would get as its share for the first year over $1,350,000. But 
when Alderman Dever figured that this would be approximately 
eight per cent of the gross receipts and they were urged to insert 
a provision in the ordinances that the net profits to the city shall 
at no time be less than eight per cent of the gross receipts, they 
flatly refused to entertain the proposition. 

The AVerno letter declared: 

"The companies should be adequately assured of the pay- 
ment of the value of their present property (to be fixed before 
rehabilitation) and additional investment when the city does take 
over the lines and they should receive a fair return upon this 
present and future investment and some share of the rem'iini)]g 
net profits while they continue to operate. Subject to these 
provisions, the profits of operation should go to the city as a 
sinking fund for the purchase of the property. 

In other words, the Werno letter provides that the city shall 
get the profits of operation, less a certain portion of the net re- 
ceipts which should go to the companies. These ordinances re- 
verse the proposition and give the companies the profits of opera- 
tion, subject to some net receipts to the city. 

Not only do the ordinances fail to 'guarantee to the city an 
income of any character, but, if the ordinances become effective, 
approximately $125,000 per year which is now paid to the city 
under existing ordinances will be wiped out. 

The proposed ordinances allow the present companies a con- 
tractor's profit of ten per cent upon all work of rehabilitation 
and then provide that subcontracts may be made with the ap- 
proval of the board of engineers. In other words, the ordinances 
expressly permit subcontracts. Judging of the future by the 
past, we know that immediately upon the approval of these or- 
dinances certain ingenious gentlemen, connected with the com- 
panies, will organize construction companies and take contracts 
for the building of power houses, car barns, railway tracks, etc., 
from these companies at the usual profit. Subcontractors will 
not work without the customary profit of ten per cent upon the 
actual cost and then the company will add ten per cent additional 
to the amount paid the subcontractor, or eleven per cent on the 
actual cost. Under these provisions when the city attempts to 



DUNNE — JUDGE, MAYOR, GOVERNOR 347 

purchase, it will have to pay the cost of construction and twenty- 
one per cent in addition thereto. 

Another serious objection to the ordinances will be found in 
that provision which prevents rival companies from coming into 
Chicago and furnisliing a three or a four-cent fare, under ordi- 
nances of similar character, without the payment of a twent}' per 
cent bonus over and above what the city would have to pay, if it 
took over the property for operation. It was urged by the 
traction representatives before the committee that this twenty 
per cent premium should be incorporated in the ordinances for 
the purpose of protecting them against the rapacity of rival cap- 
italists. They argued that after they had built these lines, some 
buccaneer in finance might come along and offer to advance 
money to buy them out, if the city would grant a similar fran- 
chise. That some protection, if not to this amount, should be 
given one buccaneer as against another might be conceded. That 
the protection should amouut to twenty per cent, however, is a 
matter of serious doubt. But it was suggested to the represen- 
tatives of the traction companies that, if other financiers would 
offer the city a four-cent fare or a three-cent fare under a similar 
ordinance, that such conduct could hardly be construed as sand- 
bagging or buccaneering. The companies were requested to in- 
sert in the ordinances a provision that if any rival company 
should offer to the city a three-cent fare or a four-cent fare 
under a like ordinance, the company making such an offer should 
be permitted to take over the property upon the same terms as 
the city could take it over for operation. They absolutely re- 
fused to consider such a proposition. 

The objection that I have noted to these ordinances are, in 
my judgment, of serious character and impose such burdens upon 
the city as to make acquisition of these properties practically 
impossible. Much was conceded by representatives of the city in 
the effort to bring about a settlement that would be fair to tin- 
Companies and to the people, but which would preserve the right 
of the city to municipalize upon just and reasonable terms. 

The city's representatives agreed to a price of $50,000,000 
upon these properties, which, in the judgment of many thousands 
of our fellow citizens, is unreasonably high. As pointed out by 
Alderman Dover in the city council, the payment of $50,000,000 
to the present companies for their properties is at the rate of 
$71,428 per mile. The cost of rehabilitation, as estimated by 
Mr. Arnold, is between $40,000,000 and $50,000,000. If the cost 
is $40,000,000 when rehabilitated, we will be paying for these 
properties at the rate of $128,571 per mile. Yet Mayor Johnson, 
of Cleveland, within the last year built and is now successfully 



348 DUNNE — JUDGE, MAYOR, GOVERNOR 

operating at a profit upon a three-cent fare, an absolutely new 
street railway plant which cost $50,000 per mile. 

The city's representatives further conceded, with much hesi- 
tation and doubt, that the companies should be paid for the in- 
tangible property that they now possess, valued at $9,000,000, if 
the city bought after that intangible property had vanished by 
expiration of franchises, all of which expire within seven years. 

The city's representatives conceded many things in the in- 
terest of a fair settlement of this great question. But, notwith- 
standing all these concessions, the companies have insisted upon 
retaining in these ordinances the objectionable features pointed 
out heretofore, and others, which in my juagm'.-iit, make tiiese 
ordinances dangerous to the people and practically prohibitive of 
the demand of the people for municipal ownership. 

In my deliberate opinion, these ordinances, if approved by 
the people, will prevent the people of this city from acquiring 
municipal ownership of these lines for twenty years, if not longer. 
At the end of the twenty years, the ordinances provide that the 
city cannot take possession until it pays for the properties of 
the companies in cash and, until the city has done that, the com- 
panies to which these ordinances run will have a right to retain 
possession of the streets and operate their lines. 

For the last eight years, the representatives of the city have 
been engaged in futile negotiations with these companies Avhich 
Avould settle the traction question by agreement. Four different 
ordinances have been under consideration and have been rejected 
either by the people or by the companies. The patience of the 
public has become exhausted. Every reasonable effort has been 
made by the present administration to secure a settlement of the 
complicated problem by agreement with the companies. It has 
made many concessions which, in my judgment, would have been 
unsatisfactory to the people of this community, in the earnest 
hope that a settlement might be obtained. It seems impossible 
to agree upon any ordinances with these companies that will 
protect the city's interests. The patience of the people has be- 
come exhausted. They now demand the cessation of all these 
negotiations and an appeal to the courts in condemnation. 

In such proceedings, the value of the present properties can 
be judicially determined and determined quickly. A trial in the 
lower courts can be had within six months and an appeal to the 
Supreme Court can be had and finally disposed of within eighteen 
months. Once the value of the property is judicially determined 
in the lower court, nothing remains for the city but to negotiate 
its IMuoller certificates, raise the necessary cash and hand it to 
the companies and take possession of the properties. If the 



DUNNE — JUDGE, MAYOR, GOVERNOR 349 

companies desire to appeal, they can do so. But the city will 
be iu possession pending the appeal. 

The city can rehabilitate these properties just as cheaply, if 
not more cheaply, than the present companies. It can certainly 
rehabilitate without paying double contractor's profits. 

The temper of the people is aroused. The 99-year act is 
disposed of. The traction companies, By their own obstinacy, 
have forced a situation v^hieh is final and conclusive. The lantern 
has been hung out from the belfry tower. These ordinances 
should be voted down and, when they are voted down, condem- 
nation suits must be immediately commenced, the value of these 
properties determined in a just and legal manner, the companies 
paid and the city take possession of the lines and commence their 
rehabilitation, as has been done by hundreds of great cities in 
the world. 

The people have negotiated and negotiated and bargained 
and bargained without result. AVhenever the people have ap- 
pealed to the courts they have been almost invariably successful 
in asserting or maintaining their rights. Such was the result 
in the universal transfer case, in the case involving the 99-year 
act, in the case involving the police power of the city, in the case 
involving the validity of the Mueller certificates, in the telephone 
case and in nearly every other case brought by the city to assert 
its rights against public utility corporations. 

Let the courts now determine the matter and do justice to 
the companies and the people alike. 



350 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE REPUBLICAN PARTY AND THE 
PANIC OF 1907. 

Address at Freeport, Illinois, December 20, 1907. 

Mr. Chairman and Gentlemen: 

At a time when the granaries of the Nation are full, when from 
its fertile fields are now being garnered the most bountiful 
crops in its history, when its forges and factories were running 
to their fullest capacity, suddenly there has come upon this 
Nation, within the last thirty days, a financial crash which has 
toppled over mighty banks, thrown great manufacturing plants 
into the hands of receivers, caused the closing of many stock ex- 
changes, and still threatens stagnation to the entire business in- 
terests of the country. 

For the first time in the history of this country since the 
Civil AVar, the banks of the entire country liave suspended cash 
payments, and resorted to the war times expedient of issuing 
shin-plasters to pass current in place of the currency established 
by the law of the land. According to the Inter-Ocean, 307,000 
men, who thirty days ago were working, are now in enforced idle- 
ness, while many more thousands stand in dread of discharge, 
and for the first time in the history of America, laboring men by 
the tens of thousands are crowding the steerage of passenger 
ships bound for Europe. 

What is the cause of the extraordinary and calamitous re- 
versal of trade conditions in the United States? Not a failure of 
crops, because now and for many years past we have been blessed 
by Providence with most bountiful harvests. Not plague or 
famine, because we have been remarkably free from these visita- 
tions. Not a natural scarcity of money, for owing to the recent 
wonderful discoveries and production of gold we have a plentiful 
supply per capita of the circulating medium of exchange. Not 
the Democratic party because it has been out of power for nearly 
twelve years. What, then; has been the cause of this cataclysm? 
Some of our Republican friends would have you believe that the 
author of these evils is the man whom they have elevated to the 
highest position in the land, Theodore RooseA^elt, President of the 
United States. 



DUNNE — JUDGE, MAYOR, GOVERNOR 351 

Now, fellow citizens, I believe our Republican friends can 
locate aright the cause of the present panic in their own party, 
but it is in the legislative rather than in the executive branch of 
the Government control led by them that the real cause of our 
troubles can be located. 

The Congress of the United States, dominated for tlie last 
eleven years by the Republican party, has been sedulously and 
persistently fostering monopoly and building up the voracious 
and greedy trusts which have been sucking up the life blood of 
the Nation, stifling competition, robbing the producer on one 
hand, and the consumer on the other, and choking the middle- 
man between them. This, the Republican Congress effected by 
its infamous tariff laws and its refusal to pass effective inter- 
state commerce legislation which might curb the weedlike growth 
of these monstrous trusts and monopolies. 

As early as 1S96, the Democratic party noted and warned 
the people of the danger from these giant monopolies. In the 
Democratic platform of that year it declared: 

"The absorption of wealth by the few, the consolidation 
of our leading railroads, and the formation of trusts and pools 
require a stricter control by the Federal Government. We de- 
mand the enlargement of the powers of the interstate commerce 
commission and such restrictions and guarantees in the control 
of railroads as will protect the people from robbery and op- 
pression. ' ' 

Even at that early day, 1896, statistics showed that one per 
cent of the population owned much more than half of the prop- 
erty of the countr}^, and yet the Republican platform of that year 
had not a word against the fast growing monopolies of the trusts, 
but yelled lustily for more protection and less money. 

In 1900 the trusts and monopolies had waxed still more for- 
midable and dangerous. Consolidation, exploitation and balloon 
financiering under the fostering care of the Republican Congress 
had gone on apace. The tariff laws had been given a dose of 
digitalis, while the Interstate Commerce law was given the usual 
dose of morphine. The middleman had been choked to death, 
and the grip on both producer and consumer had l)een tightened. 

The concentration of the wealth of the people in the hands of 
the few had been further painfully accentuated. 

Again in 1900 the Democratic party, in its platform, spoke 
out in more emphatic tones: 

"Private monopolies are indefensible and intolerable. * * * 
They rob both producer and consumer. * * * Unless their 
insatiate greed is checked, all wealth will be aggregated in a few 
hands and the republic destroyed. * * * 



352 DUXXE — JUDGE, MAYOR, GOVERNOR 

"They are fostered by Republican laws and protected by the 
Republican administration in return for campaign subscriptions 
and political support. * * * The whole constitutional power 
of Congress over interstate commerce, the mails and all modes of 
interstate communication shall be exercised by the enactment of 
comprehensive laws on the subject of trusts. Tariff laws should 
be amended by putting the products of the trusts upon the free 
lists."' 

While the Democratic party in this vigorous language rec- 
ognized the portentious dangers involving and still further 
threatening the people in 1900, the Republican party in conven- 
tion assembled did not even deign to mention the word trust in 
its platform. Its financial beneficiaries and backers would not 
allow it. 

But they rallied round the swag, boys. 

Rallied once again. 
Shouting the battle cry of plunder. 

And in the year 1900 again, the cohorts of monopoly rallied 
to the cry ; the electorate was again debauched with the enor- 
mous rake-off contributed by the plunderbund and monopoly 
again resumed its scientific robbery of the people on a grander 
and more stupendous scale. 

Having paid the Republican party for protection in their 
piratical schemes for the robbery of the people, the trust justly 
concluded that the further prosecution of their manifold devices 
for exploitation of monopoly would not be interfered with. 

The Republican Presidents and the Republican Congress for 
the next four years remained as silent and impassive as was their 
Republican platform in dealing with the giant trusts and monopo- 
lies that were tightening their hold upon the people. 

Consolidation and amalgamation of small monopolies which 
controlled but sections of the country into single great monopolies 
that embraced the whole country now began to appear. The 
Standard Oil Company had secured the monopoly of oil from Maine 
to California, from the great lakes to the gulf. The steel and 
iron, meat, leather and tobacco monopolies were almost as com- 
plete and extensive. 

The grip of the octopus of monopoly for the next ensuing 
four years was rapidly tightening year by year. 

In 1904 the national convention of both of the great political 
parties again formulated their platforms. 

"With the evidence plainly before each of these conventions 
that the people were being robbed and plundered by the great 



DUNNE — JUDGE, MAYOR, GOVERNOR 353 

corporate monopolies, the parties framed their platforms and 
selected their candidates. 

The Democratic party for the third time recognized the great 
danger impending over the Nation as the result of the tremendous 
growth of monopoly and privilege and again warned the elec- 
torate of the result that must inevitably follow from its continu- 
ance and declared : 

"The gigantic trusts, fostered and promoted under Repub- 
lican rule, are a menace to competition and an obstacle to business 
prosperity. 

"A private monopoly is indefensible and intolerable. * * * 
We denounce rebates by transportation companies as the most 
potent agency in promoting these unlawful conspiracies against 
trade. * * * AVe demand the strict enforcement of existing 
civil and criminal statutes against all such trusts and monopolies 
and the enactment of such further legislation as may be necessary 
to effectually suppress them." 

So flagrant and oppressive had these great monopolies become 
at this time that the Republican party for the first time in 1904 
was compelled, out of deference to public sentiment, to take notice 
of the w^ord trust. 

In its platform of 1904, for the lirst time, the Republican 
party uses the word, but notice, my friends, the subtle and lady- 
like language that it uses in speaking of its friends and financial 
supporters, the trusts of the country. I quote it verbatim: 

"Control of Trusts. Combinations of. capital and labor are 
the result of the economic movement of the age, but neither must 
be permitted to infringe upon the rights and interests of the 
people. Such combinations when lawfully formed for lawful 
purposes are alike entitled to the protection of the laws, but both 
are subject to the laws and neither can be permitted to break 
them." 

This is the plank of the Republican convention of 1904 in its 
entirety. "Vox praeterea nil." 

This Jack Bunsbian language can be as appropriately applied 
to a combination of milliners as to a combination of bank 
burglars. 

It was the manifest intention of the leaders of the Republican 
party, every man of whom was directly or indirectly financially 
in the great trusts and monopolies which were oppressing the 
people, to continue the era of loot and protect the incorporated 
looters that furnished them their gigantic campaign funds and 
made most of them millionaires. Immediately after the election 
of President Roosevelt, the freebooters of finance resumed with 
added confidence their colossal schemes for plundering the public. 

—12 



354 DUXNE — JUDGE, MAYOR, GOVERNOR 

By devious methods having procured control of the great life 
insurance companies, banlvs and railroads, they used the trust 
moneys of these institutions to acquire the stocks of the smaller 
banking, railway, street railway and industrial corporations, and 
having placed themselves and their satellites on the boards of 
directors of these smaller concerns, they started their engraving 
and printing departments to work and issued to themselves bil- 
lions of dollars worth of bonds and stock certificates which they 
then listed upon the stock exchanges and proceeded to deal out 
to the gullible public. 

In 1904 the United States census estimated the total Avealth 
of the United States at $107,000,000,000. 

Yet while the total Avealth of the whole country of every 
character as estimated by the United States census bureau was 
only $107,000,000,000 these conscienceless freebooters had stocked 
and bonded four classes of corporations alone, the steam railroads, 
the public utility corporations, some mining corporations, and 
some industrial corporations at the enormous sum of thirty-six 
and one-fourth billions, as shown l)y Moody's Manual of 1906. 
In other words, these frenzied financiers had listed upon the stock 
exchange and offered to the public for consumption stocks and 
bonds of these four classes of corporations alone, at a supposed 
value of thirty-four per cent of all the wealth of the United 
States. 

As a sample of how the public were being swindled by these 
watered stocks and bonds let me cite the case of the American 
Tobacco Company as recounted in this month's number of Every- 
body's Magazine. 

In 1890 five tobacco firms, having real estate and buildings 
worth $400,000, were incorporated in New Jersey for $25,000,000. 
This stock was actually sold to the credulous public for from 
63 to 180 cents on the dollar. 

In 1898 the public having "digested" the $25,000,000 issue of 
stocks and bonds, Jim Keene and the Standard Oil crowd became 
interested, got control and again started the stock and bond 
factory, and the stock and bond capitalization was increased to 
$50,000,000. 

Now a rival pirate ship appears in the offing ; Thomas F. 
Ryan, B. A. P. "Widener, et al, having noted the success of Amer* 
ican Tobacco in the stock market, under the able guidance of 
Standard Oil, conceived the idea of a rival tobacco company, and, 
aided by the sagacious counsel of Elihu Root, now Secretary of 
State, organized the Union Tobacco Company in 1899, capital 
stock $10,000,000, of which $1,350,000 was the only cash actually 
paid in. 



DUNNE — JUDGE, MAYOR, GOVERNOR 355 

The new company had friends in Congress, notably in th^ 
Senate, and the duties upon tobacco could be readjusted so as to 
help the new company and injure the old. Result — consolida- 
tion, satisfactory legislation and new orders to the printing and 
engraving bureau for the issuance of $35,000,000 more stock. Be- 
fore the passage of any legislation which would help the tobacco 
interest, it was deemed proper to get control of the stock of the 
only formidable rival in the country, a St. Louis corporation 
making plug tobacco. This is accomplished by the issuance of 
more stock, making the total capitalization in June, 1901, of 
nearly $200,000,000. Then the Republican lawmaking machine, 
with three Senators, heavy holders of tobacco stock, passed a law 
giving proper protection to the great tobacco interests of the 
United States, and the printing and engraving bureau continued 
its good work until in 1907, the total capitalization of this great 
home industry, including its dummy and subsidiary companies, 
aggregates the enormous sum of $500,000,000. 

This $500,000,000 of American. Tobacco stock and the stock 
of its subsidiary companies is part of the thirty-six and one-fourth 
billions of stock and bonds, mentioned in Moody's Manual of 
1906, and has been swalloAved by the American public and it is 
the etfort of that public now to digest these stocks which has 
given the American stomach that violent cramp which we call the 
"panic". 

The thirty-six and one-fourth billions of stocks and bonds 
comprise an enormous amount of stocks and bonds issued in the 
same manner as the tobacco stock. It was issued originally, of 
course, by the frenzied financiers to themselves, but not to be 
held by them. Calling a dollar ten dollars and then holding it 
does not enrich the holder, but calling one dollar ten dollars and 
getting another man to pay ten dollars, or nine dollars for it, 
does enrich the man who suceeds in making such a trade. That 
is what the kings of finance, under the protection of Repfublican 
rule, have been doing for years. 

They incorporate an enterprise for ten times its value, list its 
stock on the exchange at that fictitious figure, h .Id it there unii 
honestly or dishonestly, a couple of dividends are declared, then 
sell the stock for such prices as they can get a buncoed public 
to give. Their brokers will take five per cent margin from any 
gambling lamb, and their bankers, before the crash, would loan 
seventy-five per cent on the quoted value of the stocks. Any- 
thing and everything to get the money of the confiding public. 

By such methods and artifices, the dear confiding public 
were induced to bolt, but had not digested, an enormous amount 



356 DUNNE — JUDGE, MAYOR, GOVERNOF 

of this thirty-six and one-fourth billion stocks and bonds, and 
found itself, in the summer of 1907, suffering from a bad ease of 
financial indigestion. Some time prior thereto, our strenuous 
and well meaning President discovered that some of these mighty 
monopolies, notably the Standard Oil Company, the Northern 
Securities Company, and some of the big railway corporations 
were not only skinning the public by stock manipulations, but 
were violating the Interstate Commerce Act by giving and getting 
secret rebates and other devices. Not being a man, so con- 
structed as to differentiate between a big criminal and a little one, 
he ordered their prosecution and exposure and publicly and em- 
phatically declared he would continue to so act while he held 
public office. 

This announcement may or may not have affected the spirits 
' of the patient suffering from indigestion, but whether it did or 
not, it was not the cause of the malady. 

The vicious policj^ of the Kepublican Congress in throwing 
a high protective wall around the products manufactured by these 
mighty monopolies, and its refusal to enact and enforce anti- 
monopoly and effective interstate commerce acts, which would 
prevent rebates and discrimination, has enabled these oppressive 
combinations to become "powerful and dangerous, so dangerous 
as to threaten the perpetuity of this Republic. These great com- 
binations today control the Republican party and through it, the 
Government of this country. 



DUNNE — JUDGE, MAYOR, GOVERNOR 357 



TARDY JUSTICE TO EX-MAYOR 

DUNNE. 

Editorial in Chicago Tribune, November 13, 1908. 

A friend of ex-Mayor Dunne has called attention to an edi- 
torial published in the Tribune two years ago which he believes 
did an unintentional injustice to the ex-mayor in the heat of a 
political campaign. The Tribune said that the mayor had packed 
the board of education with boodlers. In justice to Mayor Dunne 
the Tribune has reexamined its editorial and agrees that the com- 
plaint of the ex-mayor's friend has some foundation. 

The Tribune never intended to charge Mayor Dunne with 
intentionally appointing men of that character to the board of 
education. 

It was its purpose to criticise his judgment of men. "While 
differing radically from him on his political views and question- 
ing his sagacity in making political appointments, the Tribune 
at no time has questioned the personal integrity of Judge Dunne, 
his desire to appoint honest men to office, or his honesty of pur- 
pose in the selection of his appointees. 

It is but fair to say of him that during his long career in 
public life, as judge, as mayor, and as a leader of the Democratic 
party in the State, he has neither affiliated with boodlers nor 
wittingly appointed them to public office. 



358 DUNNE — JUDGE, MAYOR, GOVERNOR 



LINCOLN, THE LAWYER. 

Address at Bar Banquet, Galesburg, III., February 12, 1909. 

Mr. Toastmaster and Gentlemen: 

Throughout the American Nation, in every city, town and 
hamlet within its mighty confines, the people of this land are to- 
night celebrating the centenary of th(! birth of one of the noblest 
characters in American history, and one of the greatest philan- 
thropists and humanitarians in all history. We, in common with 
millions of our fellow citizens, are met to do honor to the memory 
of a man -who in his lifetime was, because of his devotion to ideals 
which struck at sinfully acquired property, more vilified and 
calumniated than any man of his day or age ; who died a martyr 
to high principles, but whose fame and name have continued to 
grow- in the estimation of the world till it has become one of the 
greatest in history. The many sided aspects of this great char- 
acter will be displayed and descanted upon throughout the Nation 
tonight, bvit there is one facet of the stone which members of the 
bar should carefully examine and consider. 

Lincoln was a statesman, Lincoln was a philanthropist, Lin- 
coln was an orator and Lincoln was a lawmaker and Chief Execu- 
tive of a great Nation. But Lincoln was also a lawyer and Lin- 
coln as a lawyer should be an appropriate theme for discussion 
among American lawyers. 

Let us for a short time consider Lincoln, the lawyer. For 
twenty-tliree years of his life, Abraham Lincoln practiced law 
for a living in the Springfield district of this State in what was 
then known as the Eighth Judicial circuit. That circuit for a 
time comprised fully one-seventh of the whole area of the State. 
Because of its immense area, the difficulties of travel in those 
early days, and the fact that the Supreme Court was held in 
Springfield, Lincoln seldom, if ever, engaged in any litigation 
outside of that circuit. 

His career as a lawyer began, continued and ended in that 
circuit. The chief characteristics of that career were iudefatig- 
able industry, remarkable modesty and absolute integrity. 

No man in the profession in this time worked so tirelessly 
and incessantly. Astride a pow^erful horse -with his saddle bags 
containing his briefs and pleadings, or, in a wobbling, dilapidated 



DUNNE — JUDGE, MAYOR, GOVERNOR 359 

buggy he followed the circuit judge from county seat to county 
seat through fourteen counties, over almost impassable roads, 
sleeping in impossible taverns, often sharing a bed with fellow 
lawyers, or sometimes with the circuit judge himself. For weeks 
at a time he was away from his home and office, constantly try- 
ing cases in the then obscure and widely separated county seats 
of eastern central Illinois. No farmer or mechanic of today 
did half of the physical labor performed by Lincoln in making 
these fearful pilgrimages. The remarkable feature of these 
laborious trips is the fact that throughout them all he preserved 
his health and good temper. The physical hardships of his early 
life seemed to have enured him to all kinds of harrassing wear 
and tear, his temperate habits preserved his extraordinary physi- 
cal strength, and the unfailing good humor and light-heartednesa 
with which his Maker endowed him, enabled him, after a hard 
day's work, to cast off his cares as easily as he discarded his 
overcoat. 

No lawyer in the circuit tried as many nisi prius cases as 
did Lincoln. For a time in his career on the circuit he was 
almost incessantly in court, being retained on either side of nearly 
every case on trial. 

Nor were his labors confined to the Circuit Court. The labor 
performed by him on briefs tiled in the Supreme Court was prodi- 
gious. In the first twenty-five volumes of the Supreme Court 
reports his name appears as counsel 173 times. In some of these 
cases, doubtless, the briefs may have been prepared by associate 
counsel, but no lawyer could have had 173 cases in the Supreme 
Court within twenty-three years without having done an enor- 
mous amount of work on the same, both in the Circuit and 
Supreme Courts. The wonder of the thing grows upon us when 
we reflect that for many years he prepared his own pleadings 
in long hand; that his brief book was kept in his pocket and 
sometimes in his hat, and that in his early days in the profession, 
he was very careless and unmethodical. 

His industry, however, marvelous as it was, never equaled 
his modesty. Lincoln was not a commercial law^yer. He knew 
not how to capitalize anything; least of all did he know how to 
capitalize his own wonderful genius. The possessor of rude but 
convincing eloquence that persuaded juries and convinced courts, 
endowed by God with a nobility of character and a love of truth 
which shone through his every act and work and brought success 
to nearly every cause he championed, this great man and this 
great lawyer was possessed of an instinctive modesty that re- 
fused to rate his owni worth in mercenarv cash. 



360 DUNNE — JUDGE, MAYOR, GOVERNOR 

The man who withiu a few years afterward gave utterance 
to that immortal classic at Gettysburg and penned the likewise 
immortal Emancipation Proclamation, in his own estimation as a 
lawyer, was not worth $25 a day. Think of it, you men who are 
practicing law here today. Think of it, you men Avho can't 
attend a court without feeling that you are the judge, or a wed- 
ding without becoming of the opinion that you are the bride, or a 
wake without believing that you are the corpse. On one of his 
circuits, it is said Lincoln only collected $5 in cash. On many of 
them, most of his fees were $5 a trial, and in but very few cases 
did he receive $50. 

Lincoln should have had some of the commercial lawyers that 
I know as a partner. Listead of going into the White House 
poor, he could have been able to boast that his acceptancy of 
the Presidency was a financial sacrifice. 

His guileless and uncommercial character as a lawyer is but 
illustrated by his notes made preparatory to a law lecture. 

"The matter of fees is important," he wrote, "far beyond 
the mere question of bread and butter involved. Properly at- 
tended to, fuller justice is done to both lawyer and client. An 
exorbitant fee should never l)e charged. As a general rule, 
never take your whole fee in advance, nor any more than a small 
retainer. When fully paid before hand, you are more than 
mortal if you can feel the same interest in the case as if some- 
thing was still in prospect." 

Contrast this idea with those of the modern commercial 
lawyer. 

On one occasion when he learned that an attorney who had 
retained him had charged $250 for their joint services, he refused 
to take any share of the money until the fee had been reduced to 
what he deemed a reasonable amount. 

For this and other outrages of this character upon the legal 
profession, he was denounced by Judge David Davis, who said: 
"Lincoln, you are impoverishing the bar by your picayune 
charges," and he was tried by his brother lawyers in a mock 
court, condemned, found guilty, and paid his fine with the utmost 
good nature. 

The lack of financial acquisitiveness, amounting at times to 
self-deprivations, characterized his every station in life, from gro- 
cery clerk to the Presidency, and impelled him at all times to 
side with the under dog and to champion the cause of the poor, 
the lowly and the oppressed. 

But Lincoln, the lawyer, was not only industrious and mod- 
est, he was uncorruptibly honest. He could not and would not 
lie, dissemble, pettifog or corrupt. Lincoln fought his legal 



DUNNE — JUDGE, MAYOR, GOVERNOR 361 

battles in the open. Although a power in polities, he never 
maneuvered and intrigued to get a man on the bench that lie 
could own. Although a member of the Legislature and of Con- 
gress, he never was a lobbyist, either during his term of office 
or afterwards. He never joined swell clubs or fawned upon the 
wealthy. He never invited judges on the bench to stretch their 
legs and consciences at private dinner parties. He never dosed 
them with Ruinart and Cliquot or furnished them with private 
cars and free transportation. He had no systematized depart- 
ments in his law office called "Tax Department" wherein the 
duties of the tax lawj^er was to fix the assessor; "Legislative 
Department," wherein the legislative lawyer was detailed to see 
the councilman and assemblyman ; ' ' Publicity Department, ' ' 
wherein the publicity lawyer was employed to fix the newspapers ; 
"Claim Department," wherein the claim lawyer was detailed to 
get to the hospital with a receipt in full before the injured claim- 
ant was operated upon; "Coroner's Department," wherein the 
deputy lawyer arranged to draft the verdict for the accommoda- 
tion of the coroner's jury; nor a "Settlement Department," whose 
duty it was to settle cases with litigants behind the backs of the 
lawyers who had brought suits and got them in readiness for trial. 
Lincoln would have scorned to preside over, or be found in such 
a law office. 

Lincoln tried some important lawsuits for corporations who 
needed his unquestioned ability in court as a trial lawyer, but 
he never became a corporation lawyer in the modern sense. 

His ability could be hired, but not his conscience. He could 
never be hired to advise a client, no matter how wealthy, how 
to violate the law, how to cajole or corrupt a court or jury, how 
to fix an assessor, or debauch a councilman or legislator. 

Even when retained in a case where he owed the duty of 
giving his best efforts to his client, he insisted that the client 
must act with honor. 

It is said that during the trial of one of his cases he detected 
his client acting dishonorably, whereupon he walked out of the 
court room, and refused to proceed with the trial. Upon the 
judge sending a messenger after him, directing him to return, 
he positively declined, saying, "Tell the judge my hands are 
dirty and I've gone away to wash them." 

Nor would he accept a retainer in a case which was legally 

right, but morally wrong. 

To a prospective client, seeking his services, he once said: 
"We can doubtless win your case, set a whole neighborhood 

at loggerheads, distress a widow and six fatherless children, and 



362 DUNNE — JUDGE, MAYOR, GOVERNOR 

thereby get you six liimdred dollars, to which you have a legal 
claim, but which rightfully belongs to the widow aud her chil- 
dren. Some things that are legally right are not morally right. 
We would advise you to try your hand at making $600 some other 
way. ' ' 

At another time he refused to allow his partner to file a dila- 
tory plea w^iich was not based upon facts, saying: "You know 
it is a sham, and a sham is very often another term for a lie. 
Don't let it go on record. The cursed thing may come staring 
us in the face long after this suit is forgotten." 

Such were the principles that actuated and governed Lincoln 
in the practice of his profession. 

In these modern days the spirit of commercialism is alto- 
gether too rampant. The success of a man is too often measured, 
not by what he has achieved, or attempted to achieve, but by what 
he has amassed. 

Unfortunately there is too much of a tendency to apply this 
test of success in life to the professions, to the surgeon, the en- 
gineer, and the lawyer. Is it the true test? I sincerely be- 
lieve it is not. 

A remunerative practice in any profession is a laudable ambi- 
tion, but too often that ambition is tainted with the "get-rich- 
at-any-cost" spirit of the age. 

In the mad rush for wealth is it not "well for the lawyer of 
this day to reflect upon such an occasion as this that men like 
Abraham Lincoln have lived and labored hard in our chosen pro- 
fession; have been loyal to their clients' interests, have adhered 
to lofty ideals and preserved the purest ethics of the profession 
without amassing wealth? Is it not well to reflect that these 
lawyers have left behind them records of professional success 
and names that will never fade from the pages of legal history, 
names that will be recalled with respect and admiration among 
generations yet unborn, when the names and deeds of lawyers 
whose successes are measured merely by their financial acquisi- 
tions are lost in oblivion? 

Such a name and such a fame is that of Abraham Lincoln, 
the financially poor, but ethically and morally rich lawyer of 
central Illinois. 



DUNNE — JUDGE, MAYOR, GOVERNOR 363 



PROTESTS HONOR TO JUDGE DICK- 
INSON BY IROQUOIS CLUB. 

Letter to the Iroquois Club, March 6, 1909, 

I am in receipt of your invitation to attend a reception and 
banquet to be given in the clubrooms, on Tuesday, March 9, 1909, 
to Judge Dickinson as a mark of honor and a testimonial of 
respect to him upon his acceptance of a position in the Cabinet 
of President Taft. 

If this reception and banquet were tendered to Judge Dick- 
inson by citizens, irrespective of party and party affiliations, I 
would be pleased to attend, as I have the highest respect for 
Judge Dickinson as a lawyer and as a citizen who has the right 
of every citizen to change his political beliefs and affiliations at 
any time. 

As a citizen I congratulate Judge Dickinson upon his selec- 
tion for a position of great dignity and honor, and I sincerely 
wish the present administration, Judge Dickinson and every 
member of the Cabinet every possible success in their public ca- 
reers, and earnestly hope that their public life will be a record 
of patriotism and accomplishment. 

As the reception and banquet, however, is tendered to him 
by a club which claims and has always claimed to be an exclu- 
sively Democratic organization, at a time when he. Judge Dickin- 
son, has publicly abandoned the Democratic party and entered 
the ranks of the Republican party, I cannot consistently attend 
and must respectfully protest as a member of this club against 
tendering such an honor at such a time and under such cir- 
cumstances. 

If Judge Dickinson supported Judge Taft for the Presidency 
he abandoned the Democratic party in the last campaign and 
became a Republican. If he did not support Judge Taft for the 
Presidency, his acceptance now of a position in the Cabinet of 
the President is a public announcement of his allegiance to and 
accordance with the principles of the Republican party and a 
repudiation and an abandonment of the Democratic party and 
its principles. 



364 DUNNE — JUDGE, MAYOR, GOVERNOR 

For a Democratic club to tender its congratulations in this 
manner to a gentleman because of his recent abandonment of his 
party and its principles and his espousal of the opposite party 
strikes me as highly inconsistent, if not ridiculous. 

I, therefore, most respectfully decline to accept your invita- 
tion and desire to record my protest against the action of the 
club in tendering any such honor to Judge Dickinson under the 
existing circumstances. 



DUNNE — JUDGE, MAYOR, GOVERNOR 365 



THE TRACTION SLUSH FUND. 

Extract from an Address, April 5, 1909. 

The information which came to me — and which I believe to 
be absolutely true — was that the slush fund was not as small as 
the $350,000 or $360,000 that some of the newspapers say it was, 
but that it aggregated $600,000. I will not say whether one or 
two big leaders who received the $50,000 each belong to the 
Republican or Democratic party organization. 

But I will say that I am satisfied that a slush fund of $600,000 
was raised by traction interests to put through the traction set- 
tlement ordinances. I was mayor at the time, and it was be- 
cause of what I knew of the situatiou thai; the information about 
the slush fund and where it went reached me in the course of 
time. 

The subcontracting and rebating provisions of the ordinances 
were criticised by me at the time as likely sources of graft. 1 
thought there were some excellent provisions in the ordinances. 
But the vicious things — the "jokers" in the measure — were 
numerous. I did my best to expose and eliminate them, but the 
ways were "greased", as is now admitted. 

However, it was a greasing that will prove costly to the city, 
as under the operation of the vicious "jokers" the city's 55 per 
cent income from the net receipts of the traction business is grad- 
ually dwindling away. Unless I miss my guess, the city's net 
will continue to diminish until the net is a "nit" and nothing 
more. 



366 DUNNE — JUDGE, MAYOR, GOVERNOR 



ANNOUNCEMENT OF CANDIDACY FOR 
GOVERNOR. 

Statement to the Public, January, 1912. 

For fifteen years Republican jackpot bosses have been in 
complete control of the government of the State of Illinois, 
During that period the expense of maintaining the government 
has increased from about five million dollars per annum, under 
the last Democratic Governor and true friend of the people, 
Altgeld, to the staggering total of nearly fifteen million dollars 
per annum under Deneen, During that period the State has 
been disgraced and its citizens humiliated by an unparalleled sat- 
urnalia of debauchery and corruption. The great corporations 
have evaded just taxation and the public resources have been 
wasted and dissipated. 

During that period our Legislature and the state board of 
equalization have become a bj^-word and an object of scorn be- 
cause both have taken orders from jackpot bosses, who have 
abused their self-assumed authority by throttling the demands of 
the people and forcing obedience to the commands of the cor- 
porations and trusts doing business in the State. 

STATE LEGISLATURE WAS DEBAUCHED. 

During the same fifteen years a group of machine bosses, 
composed at times of political adventurers from the State at large, 
but recently of survivors of the fierce factional w^ars that have 
torn the Republican organization of Cook County to shreds' 
and tatters, has conducted openly and shamelessly, but always 
profitably, a system of political office brokerage, tlirough which 
they have kept their camp followers in public places. The people 
of Illinois have paid the bills. The system began with the Tan- 
ner administration in 1897 and has continued through the several 
terms of Yates and Deneen. Hundreds of thousands of dollars 
of the people's revenues have thus found their way into the 
pockets of political parasites whose labor consisted in drawing 
their breaths and their salaries. 

The debauching of the legislature was coincident with the 
restoration of the Republican party to power fifteen years ago. 



DUNNE — JUDGE, MAYOR, (JOVERXOR 367. 

The passage of the Allen bill, Avhicli sought to rob the people of 
Chicago of their right to control their own streets, the gas front- 
age and consolidation bills and other equally infamous measures, 
in a single session, seem to have broken through that moral fiber 
which, theretofore, constituted a check upon the greed and im- 
moral tendencies of our public servants. You have only to scau 
the testimony of those who have appeared as witnesses before 
the Senate committee that is investigating the election of Senator 
Lorimer to ascertain the extent of the corruption that is seemingly 
permeating every avenue of Republican activities in Illinois. It 
is a continuous story of jackpots. During these fifteen years 
the state board of equalization, a majority of whom are obscure 
political henchmen of these same bosses, has been steadily reduc- 
ing the taxation justly due from the railroads and other corpora- 
tions, and thus throwing an additional and unjust burden upon 
the other taxpayers of the State. 

JACKPOT BOSSES STIFLE PEOPLE'S DEMANDS. 

During these fifteen years of power these jackpot bosses 
have repeatedly turned a deaf ear to the demands of the people 
for a direct primary by having enacted a series of imperfect laws, 
knowing them to be imperfect, that were declared null and void 
by the Supreme Court, one after another, as often as they came 
before that court and not until 1910 did these jackpot bosses 
permit the passage of an act that was within the limitations fixeii 
by the court. Even that law does not give the people the power 
they should have in selecting candidates. 

The people's demand for the initiative and referendum, twice 
asserted by popular vote and by overwhelming majorities, has 
been ingeniously evaded and finally denied. 

The advisory primary vote of the people, governing the selec- 
tion of a United States Senator, was repudiated by a Republican 
General Assembly with the connivance of a Republican Governor 
and the will of the people of the State thus set at defiance by a 
scandalous cabal, of which Deneen and Lorimer were the leading 
spirits. And while that bold crime against the dignity and au- 
thority of the people was being framed, with its tragic sequel of 
confessions of bribery and criminal prosecutions and death, 
Deneen and Lorimer, according to the sworn testimony of Deneen, 
were meeting at the State Capitol daily and there discussing the 
possibility of the Supreme Court voiding the then existing primary 
election law, and whether or not, if such a decision were handed 
down, Busse, then mayor of Chicago, would employ the police 
force to drive them (Deneen and Lorimer) from power in Chicago. 
Could there have been a more logical setting for what followed? 



368 DUNNE JUDGE, MAYOR, GOVERNOR 

JACKPOTTERS AT EACH OTHER'S THROATS. 

Now the Republican leaders are all at each other's throats — 
Deneen, Lorimer, Busse, Campbell, and Pease, and their followers 
and satellites in the State. They have grown rich and powerful, 
and no longer are in agreement about how to divide the spoils. 
They cannot again fall back upon the so-called protective, but 
in truth, the robber tariff, and tlie delusive "full dinner pail," 
and for once find themselves with no cohesive strength to further 
delude the public. Such being the situation of the Republican 
party and its leaders in this State, the time has arrived, in my 
judgment, when the public will not longer be misled and imposed 
upon by the discredited and disunited firm of political office 
brokers and their parasitical followers. 

The steady adherence of the Democratic party to the policy 
of tarift' for revenue only is at last to bear fruit, and the public, 
too long exploited and plundered by the party in power, is ready 
to turn to honest doctrines and progressive Democratic measures. 
Believing this to be the condition of the public mind, it is my 
firm conviction that the Democratic party is about to return to 
power in this State and also in the Nation, pledged to the enact- 
ment of laws governing corrupt practices at election, election of 
Senators by direct vote of the people, the abolition of that instru- 
ment of venality and favoritism in taxation, the board of equali- 
zation, the enactment into law of the initiative and referendum 
and other progressive measures which will restore representative 
government and assure the people of permanent control of the 
functions and prerogatives that have been wrested from them 
by the forces of special privilege through the debauching of cor- 
rupt public servants. 

JACKPOT GOVERNMENT MUST GO. 

In other words, I believe the time has come when jackpot 
government must go and when the honest manhood of Illinois 
will rescue their commonwealth from the wickedness, favoritism 
and corruption that are besmirching its good name. 

It may be that owing to the expense necessarily involved in 
making a thorough canvass of the State, I may not be able to 
reach personally or by mail many thousands of my fellow citizens, 
and because of this situation I am constrained to ask the co- 
operation and support of all who believe in clean, honest and 
progressive government. T ask them to give me their assistance 
upon the pledge that if placed in the Governor's office of this 
great State, I will devote my whole time, energy and such ability 



DUNNE — JUDGE, MAYOR, GOVERNOR 369 

as I may possess to the regeneration of its politics, and in sub- 
stituting for the existing rule of the "jackpotter" and "office 
broker" the rule of the people, who are and should be the makers 
of the Constitutions and laws of this splendid commonwealth. 

E. F. Dunne. 



370 DUNNE — JUDGE, MAYOR, GOVERNOR 



ADDRESS IN MEMORY OF JOHN P. 
ALTGELD. 

At Chicago, March 10, 1912. 

Mr. Chairman and Gentlemen: 

Marble and recording brass decay 
And, like the graver's memory, pass away; 
The works of man inherit, as is just. 
Their author's frailty and return to dust; 
But truth divine forever stands secure, 
Its head as guarded as its base is sure. 

— Cowper. 

Ten years ago there passed away at Joliet, in this State, a 
great statesman and a just man, the memory of whose name we 
cherish today. 

As the years roll by and as we recede in time from that 
strenuous era in which John P. Altgeld took such an active and 
important part, the figure that he made in the history of his day 
looms larger and grander. 

Excepting only Lincoln and Douglas, no man in the history 
of Illinois has left his impress upon the thoughts and affections 
of the common people of the State as did Governor Altgeld. 

In every crisis that involved the rights and interests of the 
common people, which arose in the decade from 1892 to 1902, 
during which Altgeld was a leading figure in public life, he threw 
himself into the contest with dynamic force and philanthropic 
disinterestedness on the side of the people. Reckless of conse- 
quences, social, political or financial, he preached and practiced 
the poor man's gospel of equal rights. 

GAVE UP ALL FOR MAN. 

Possessed of a financial competency sufficient to entitle him 
to be ranked before his entry into active political life among the 
the millionaires of his day, and holding a position of dignity and 
emolument upon the bench, when the call to public duty reached 
him, without calculating the cost, he abandoned his private in- 
terests and resigned from the bench to fight the battle of man 
against Mammon. 



DUNNE — JUDGE, MAYOR, GOVERNOR 371 

A more unique and remarkable character never appeared in 
the history of the Middle States of America. 

A German immigrant of weakly frame and constitution and 
without financial resource, we find him a poor working boy in 
this country, when it became involved in a life and death strug- 
gle for its existence. 

Possessed of that courage, and love of liberty which has 
characterized the Teutonic race from the time when, with un- 
daunted hearts and naked bodies, the AUemani fought the serried 
and cuirassed legions of Rome under Caesar and preserved their 
independence of Rome along the banks of the Rhine, Altgeld, at 
16 years of age, risked his life for the abolition of human slavery 
and the preservation of his adopted country. 

Preserved by Providence for greater accomplishments, Alt- 
geld returned from the battlefield, unscathed in body, to resume 
the duties of the citizen in time of peace. 

He quickly acquired by self-education the qualifications of a 
successful teacher, taught school for a period, during which his 
laudable ambition and tireless energy procured for him admission 
to the bar. 

A LEADER AMONG LAWYERS. 

His wonderful intellect and tireless energy soon placed him 
among the leaders of his profession, and then upon the bench, 
with a fortune amassed from his practice and judicious invest- 
ments. 

Always a deep thinker and a humanitarian, when he took his 
seat upon the bench he became a student of social problems. That 
the rapidly produced wealth of the country was being concen- 
trated in the hands of a few exploiters of labor, while the real 
producers of this wealth were but scant partakers of the same ; 
that half-starved workingmen walked the streets of great cities, 
where policemen guarded safety deposit vaults containing bil- 
lions of securities, and that the laws and policies of government 
not only permitted but fostered such an inequitable distribution 
of wealth, caused Altgeld, as it caused Henry George and Tom 
Johnson, to take an active part in public life, with the design of 
remedying such dangerous conditions. 

No man ever entered in the active Avarfare of polities with 
more unselfish and more disinterested motives. 

In 1892, when called upon by the Democratic party to be- 
come its candidate for Governor of Illinois, he had an ample 
fortune, a position of dignity and large property interests. Politi- 
cal promotion beyond the Governorship was impossible by reason 
of his foreign birth. Yet the hope that, by holding the position 



372 DUNNE — JUDGE, MAYOR, GOVERNOR 

of Governor of a great state, he might be able to fight vested 
privilege and enforce equity in legislation and aid with humane 
laws the lot of the common laborer which he had shared %vhen a 
boy, impelled him to make the race for Governor. 

A SHOCK TO CORRUPTION. 

His election to that office was a shock to every tax-dodging, 
law-defying, labor-skinning and judge-corrupting plutocrat and 
corporation in America. 

That a man who believed in absolute equality before the law, 
and who could not be bribed, browbeaten, cozened or cajoled by 
the agents of special privilege, should occupy the highest posi- 
tion in the great State of Illinois was to them a matter of serious 
portent. 

If the precedent should become contagious, what might hap- 
pen? At once the syndicated powers of privilege and plutocracy 
opened war upon the Governor. 

Most of the metropolitan papers of the country were already 
under the control of the moneyed interests. Such as were not 
and were needed were speedily secured, pelf, not principle, being 
the actuating motive. 

A campaign of slander, vituperation and billingsgate un- 
paralleled even in the unscrupulous methods of the modern dailies 
w^as inaugurated and maintained by the unprincipled owners of 
these papers to blacken the character and weaken the influence 
of this high-minded and courageous friend of the people. 

His motives were impugned, his utterances distorted, his acts 
misrepresented, his financial interests assailed, his public and 
private life assaulted Avith all the venom that the human mind 
was capable of exuding. 

PICTURED AS ANARCHIST. 

He was pictured as an anarchist with a bomb in one hand 
and a toich in the other. The sewers of mendacity and the 
eessj)ools of malignity were scraped dry and the contents hurled 
against the name and character of the people's friend. They 
succeeded in driving him from office and ruining his fortune, but 
with his back to the wall and his face to the stars, Altgeld gave 
back blow for blow, and in justification of his course left as a 
monument to his name and a vindication of his acts and motives, 
State papers that will be more imperishable than all the monu- 
ments of granite and bronze that were ever erected; aye, more 
enduring than the pyramids that in the Egyptian deserts have 
withstood the wear and tear of forty centuries. 



DUNNE — JUDGE, MAYOR, GOVERNOR 373 

Ten years have passed since the great Governor of Illinois 
and true friend of the people has been called to his reward, ana 
now as the impartial student of history in the privacy of his 
library reads the splendid messages of Grovernor Altgeld, in which 
he explains his pardon of the condemned"" anarchists, and his pro- 
test against the unlawful usurpation of Federal authority by Presi- 
dent Cleveland, he cannot but be convinced that Altgeld was a 
statesman of lofty character and sublime courase. 

Nor is his character disclosed solely in his public messages. 
All through the essays, treatises and speeches which he left behind 
him, we find the lofty ideas of the humanitarian and philosopher. 

In warning the young men of the danger of the lust of wealth, 
he asks: "Which should a young man, starting in life prefer: 
to be able to stand erect in God's sunlight and take his chances, 
free from the burden of tainted dollars; or a fortune of ill-gotten 
wealth wdth the deformity of soul, the destruction of noble man- 
hood, the blight of dissipation and physical disintegration that 
too often accompany such an inheritance?" 

FORTUNES AMASSED FROM ILL-PAID LABOR. 

In speaking of fortunes amassed from ill-requited labor, he 
asks: "Can we expect our children to be happy and free from 
inherited blight if we give them the money we have made from 
underpaying the labor that helped us amass a fortune?" 

In discussing the unjust burdens of labor under existing laws, 
he blazed the way for remedial legislation which only last year 
has been enacted in this State. These were his words: "In 
all large industries accidents happen, laborers get crippled, 
crushed, killed. This means widows, poverty and wretchedness. 
Justice requires that accidents should be charged up to the busi- 
ness, that those who are maimed should be cared for by those for 
whom they toiled." 

In discussing the evils of a standing army on another oc- 
casion, he said: "Instead of a standing army being a preserver 
of peace, it is a constant provocation to war and a continual 
menace to the liberties of a country. Tyranny must rely upon 
brute force, but republics must look to the affections of the 
people for protection." 

"What a splendid exhibition of benignant philosophy is con- 
tained in these words written by him a short time before his 
death: "He who has deep down in his soul the knowledge that 
he has always fought for the right, and that he never knowingly 
has v^rronged another, could not be unhappy though the world 
were arrayed against him." 



374 DUNNE — JUDGE, MAYOR, GOVERNOR 

THE LIBERTINE AND THE GREAT DAILIES. 

And in denunciation of the libertine, what truer words were 
ever written: "The man who ruthlessly abandons a woman 
who has believed and confided in him destroys himself and, 
though he fly to the end of the earth, the curse will follow. ' ' 

And in discussing the methods pursued by the great dailies 
of his day. how truthful are the following statements: "Few 
men have grown great upon the large newspapers during the 
last generation. Many men of excellent ability, fine education 
and noble aspirations have entered the field. They became for a 
time more acute and better able to serve their masters, but they 
degenerate in character. No man can hide behind a hedge and 
throw missiles at people traveling on life's highway without 
deteriorating. 

"The great dailies lay the blight of their conduct upon all 
who are connected with them. The proprietor may wield power 
for a time, but with rare exceptions the same dragon of wrong 
conduct that swallows up the smaller men in his employ will 
destroy him also." 

TO CONTEMPLATE A NOBLE STRUCTURE. 

To appreciate the stateliness, the symmetry and grandeur 
of a structure which is a triumph of architectural skill, one must 
not stand close to its wall and place one's hand upon its polished 
surface. 

One must recede from it to some distance in order to drink in 
and absorb its stately outlines. So it is in the case of Altgeld's 
character. As we recede in time from the period when that char- 
acter developed its full greatness is disclosed. 

Today after the lapse of years we recognize in the character 
and life of John P. Altgeld a symmetry and grandeur rarely 
equaled among the public men of his day and age. 



DUNNE — JUDGE, MAYOR, GOVERNOR 



WHAT NAME AND MEMORY SHOULD 
WE LEAVE? 

Address on Decoration Day, May 30, 1912. 
Mr. Chairman, Ladies and Gentlemen: 

"Our fathers' God! from out whose hand 
The centuries fall like grains of sand, 
We meet today, united, free, . 
And loyal to our land and Thee, 
To thank Thee for the era done. 
And trust Thee for the opening one." 

Half a century has passed since, in the mighty struggle for 
the preservation of this great Republic, brave men gave up their 
lives upon the altar of patriotism. They died that their country 
might live and that country living, delights to honor the names 
and graves of those who died in her cause. 

Throughout the length and breadth of this great land, under 
the whispering pines of Maine, in the everglades of Florida — 
from the rolling billows of New Jersey, to the golden sands of 
California, loyal and grateful men and women are today gathered 
by grass-grown graves of the heroic soldiers of the war of the 
Republic, scattering fragrant flowers upon the beds in which lie 
at rest all that was mortal of their deathless dead. Thus does a 
grateful Nation honor its fallen defenders and a more worthy and 
inspiring ceremonial was never engrafted upon the customs of an 
intelligent and self-respecting people. 

To the credit of America this beautiful custom has never been 
abandoned or neglected, since it was first established half a cen- 
tury ago. We are here today to' participate in that time-honored 
practice, and today, Avith reverent hands we gently strew upon 
the graves of the dead soldiers, now sleeping their eternal sleep 
in this cemetery, the floAvers of affection and remembrance. 

"Dulce et decorum est pro patria mori." 

'Tis pleasant and proper to die for one's country, but it is 
also pleasant and proper for those who have not had that honor 
and glory, to perpetuate the memory of those who have given up 
their lives in their countrv's cause. 



376 DUNNE — JUDGE, MAYOR, GOVERNOR 

May the day never come when the meu and women of this 
country are indifferent to and neglectful of this beautiful custom. 

As the years roll by and as new generations of men spring 
into being, of course, it is natural that those who did not per- 
sonally know and who are not closely related to the patriot dead, 
may not feel the same poignant personal grief for those now 
resting beneath the graveyard's sod, as those of the past gen- 
eration, yet the spirit that caused the institution of Decoration 
Day should not be allowed to subside or be forgotten. 'Tis the 
sentiment of a Nation, not the personal grief of individuals, that 
Decoration Day should typify and express. A nation without sen- 
timent is doomed to decay. 

Some one has said : 

"A land without memories is a land without history. 
A land that wears a laurel crown may be fair to see, but tAvine 
a few sad cypress leaves around the brow of any land and it 
becomes lovely in its consecrated coronet of sorrow. Crowns of 
roses fade, crowns of thorns endure, Calvaries and crucifixions 
take deepest hold of humanity; they pass and are forgotten; the 
sufferings of right are graven deepest in the chronicle of nations." 

And a poet sings : 

"Give me the land that is blest with the dust 
And bright with the deeds of the down-trodden just 
Give me the land with a grave in each spot 
And names in the graves that will not be forgot." 

The tendency of the age in which we live is altogether too 
materialistic. If truth be told in these modern days, we have 
become money-mad. In the last quarter of a century we have 
produced billionaires and millionaires by the thousands, 
but where are our great American composers, painters, sculptors, 
dramatists or poets? In these days men point with awe and 
reverence to the gigantic financial figures of Morgan, Rockefeller, 
Carnegie and Harriman, but seem to forget, in the absence of 
their intellectual equals, the glory which Prescott and Bancroft, 
Irving, Lowell and Longfellow have brought to America. 

No poet comparable to Longfellow or Poe, no statesman like 
Clay, Calhoun or Webster, no orator like Dougherty, Brecken- 
ridge or Ingersoll, has risen upon the intellectual horizon of 
this country within the last twenty years. The sentimental as- 
pirations of our people, that which makes for lofty ideals, for 
poetry and patriotism, for intellectual development, seem to be 
submerged in the intense struggle for material wealth and the 
enjoj^ment of the gross material luxuries which wealth brings in 
its train. 



DUNNE — JUDGE, MAYOR, GOVERNOR 377 

To such a pass have things come in this age of enormous 
wealth and gross materialism that the days set apart in more 
patriotic times, for the commemoration of the glorious achieve- 
♦ ments of American history, are now devoted by many Americans 
to the gratification of their love for display or sport. Instead 
of the reading of the Declaration of Independence and patriotic 
speeches on the Fourth of July, we now have an automobile race 
with its train of homicides, or a baseball game. 

On Thanksgiving Day, instead of thank offering, we have a 
football game and a bacchanalian feast, and on Decoration Day, 
it has just been seriously proposed in this city to have a gigantic 
parade of draft horses, which would enable the pork packers 
and big teamsters of the city to display the equine wealth of their 
stables. 

No such honors to the horse have ever been contemplated 
since the day wlien a profligate Roman emperor decreed that 
his dumb charger should wear the honors usually accorded to a 
Caesar, 

Enough of the old patriotic spirit of 1776 and 1861, however, 
still remains among us to prevent this desecration of the day 
devoted by the American people to the memory of its patriot 
dead. Public sentiment favored the hero rather than the horse, 
and, to the credit of American patriotism, we witness today the 
attenuated parade of gaunt and grizzled men who still remain 
to remind us of the days of American valor on the field of battle 
rather than the dazzling display of stall-fed horses to remind 
us of the plethoric purses of purse-proud millionaires. 

On this holy ground, sanctified by the bones of patriots, 
let us, my friends, resolve to resist the materialistic tendencies 
of the times which would place pelf before patriotism and 
mammon before man. Looking back over history, let us profit 
by the lives and deaths of the men upon whose graves we have 
laid our garlands of remembrance. There are two things we 
can leave behind us — money and memory. We can take nothing 
earthly with us. There is no pocket in a shroud. 

If tomorrow we were to face the great hereafter which would 
we prefer to leave behind us, a great fortune or an honorable 
name? Would we prefer to leave the name and memory of 
such as lie around us, the name of a patriot and a martyr, and 
lie in an humble grave where grateful Americans come and strew 
the flowers of remembrance, or leave behind us a fortune to curse 
our children and lie in a mausoleum of sculptured marble, whose 
only visitors are the hired mercenaries that guard the tomb from 
spoliation. The one is the grave of the patriot, the other the 
tomb of the plutocrat. 



378 DUNNE — JUDGE, MAYOR, GOVERNOR 

There can be no doubt as to how the true American wouU! 
answer this question. He will prefer to leave behind him the 
record of a good name, the record of duty done and honor 
preserved. 

All men cannot have the honor of dying for their country, 
as have the patriot dead that slumber here. But all men can 
and do fight the battle of life, and that battle can always be 
fought along sordid or sentimental lines, selfishly or unselfishly. 
Let us take inspiration from the graves of the patriot dead. 
Let us labor as they did for the spiritual, rather than the material, 
welfare of our country. Let us make this Nation a happy as well 
as a prosperous land, by placing in the exercise of our duties 
of citizenship, patriotism before party and man before mammon. 
Then we can join ^vith LongfelloAV and sing to our mother 
laud : 

"Our hearts, our hopes are all with Thee, 
Our hearts, our hopes, our prayers, our tears, 
Our faith triumphant o'er our fears. 
Are with Thee, are all with Thee." 



DUNNE — JUDGE, MAYOR, GOVERNOR 379 



THE DANGERS OF MONOPOLIES. 

Address at Belleville, III,, July 4, 1912. 

Mr. Chairman, Ladies and Gentlemen: 

Following the laudable and patriotic precedent established 
over a century ago, we meet today to celebrate the birth of the 
greatest Republic in history. 

Until Thomas Jefferson penned that immortal document 
which first enunciated correctly the inalienable rights of man 
and Avhich we with pride call the Declaration of Independence, 
the nations of the earth had bowed submissively before the politi- 
cal fetich called the divine right of kings. For centuries man- 
kind had been taught that the right to rule was the divinely 
appointed privilege of the few and that submission to the will 
of the ruler was the divinely appointed lot of the multitude. 

AVhen Jefferson and his compeers in the Continental Congress 
promulgated to the world the doctrine that "all men are created 
equal," with certain inalienable rights, including "life, liberty 
and the pursuit of happiness," and that "All governments derive 
their just powers from the consent of the governed," they enun- 
ciated a new political gospel which shook the very foundation of 
kingly rights and the vested privileges of centuries. 

It is not so much the birth of a new Nation that we celebrate 
on July 4 as the birth of the new theory of government. Re- 
publics indeed had existed in the world's history before 1776, 
but even in the republics of Athens and of Rome absolute political 
equality among men Avas unknoAvn. 

The Athenian helot and the Roman slave Avere inhabitants 
but not citizens, and strange indeed is the fact that even in this 
Republic, after the promulgation of the great declaration of 
human rights in 1776, human slavery in flat contradiction of the 
principles enunciated in the Declaration of Independence con- 
tinued to exist for OA'er ninety years. 

Vested privilege in the form of legalized OAvnership of 
human flesh doggedly resisted the crystallization into laAV of the 
principles of the immortal Declaration of Independence, until 
the conscience of the American people blazed out in civil Avar 
in 1861, and at a mighty expenditure of blood and treasure, made 
the declarafion that "all men are born free and equal," for the 
first time in history, true in fact as Avell as in theory. 



380 DUNNE — JUDGE, MAYOR, GOVERNOR 

One hundred and thirty-six years ago today this Nation and 
the idea of political human equality was born and today with 
pride we celebrate the anniversary. 

From a struggling infant among the nations, we have become 
a giant. 

In all things material, we have made marvelous progress. 
We have the richest country in the world. In the mechanical 
arts and sciences we lead all nations. 

And yet, my friends, there are some things in the midst of 
our great prosperity that must make the thoughtful, patriotic 
citizen pause and consider for the future welfare of our country. 
We have become money-mad. We are living in a purely com- 
mercial atmosphere. We inhabit a land richly endowed by 
nature, where wealth is being amassed with marvelous speed and 
the aim of too many Americans is to get rich and get rich quickly. 
W^e are neglecting the spiritual and intellectual side of life. 
When the Nation was young, we had our poets like Poe, Bryant, 
and Longfellow, our historians like Prescott and Bancroft, our 
statesmen like Webster, Clay, and Calhoun, our orators like Inger- 
soll, Breckenridge and Dougherty. Where are our poe is, our 
historians, and our literary men of today? 

Take up our papers and you will find column after coliinni 
devoted to the financial achievements of a Rockefeller, a ]\'J organ, 
or a Carnegie, but not a word about an American composer, an 
American painter, sculptor, or poet. 

Go to any of our clubs and we find that it is the man who 
has made millions, who is pointed out as worthy of admiration 
and to whom bow down the obsequious adorers of wealth. 

Where are our musicians, composers, artists, poets and ora- 
tors ? Nowhere. 

Where are our millionaires? Almost everywhere. As the 
result of this lustful wealth and adoration of the wealthy, almost 
the sole aim of the brainy young man of America today is to 
become rich. He becomes commercialized, materialistic. 

There is no great financial reward to be had from the pursuit 
of literature or art. Therefore he eschews them. He has seen 
money quickly made by the flotation of consolidated enterprises 
into great monopolies which reduce the cost and increase the 
profit of manufacture, particularly in those things manufactured 
which are the necessities of life. To this avenue leading to qivck 
wealth he directs his ardent steps. This is the bent of the young 
active American mind today. 

What is the result? Great monopolies have been conceived 
and delivered by master minds in the American business world 
which have increased the cost of living outrageously. 



DUNNE — JUDGE, MAYOR, GOVERNOR 381 

Food stuffs, wearing apparel, building material, fuel, light, 
and the other necessities of life are now produced by great 
monopolies, formed by consolidating many manufacturies into 
one, over-capitalizing the consolidation, cutting down wages, and 
raising the prices to consumers. 

Attendant upon the great consolidations are strikes and lock- 
outs among the wage earners, resisting reductions of ^^ages on 
the one side and discontent and protest by the consumer (>n 
the other. 

This monopolistic tendency in the American business world 
is becoming dangerous to the community, particularly where it 
is fostered and encouraged by law. It is producing many social- 
ists and, I am afraid, some anarchists. 

That I am not too pessimistic in this matter is shown by the 
fact that Mood3''s Manual of Corporation Securities contains the 
names of 287 industrial trusts capitalized for about seven billion 
dollars, most of which are producing the necessities of life. 

Nearly all of them are outrageously over-capitalize.l and, in 
their efforts to produce dividends on this fraudulent over- capitali- 
zation, the workingman is squeezed on the one hand while the 
consumer is robbed on the other. 

To add insult to injury and to increase the burden of ihe 
iniquity, about 75 per cent of all the capital invested in these 
monopolies is favored and fostered by the iniquitous high tariff 
laws of the Nation. 

As the result of this deplorable monopolistic tendency of our 
time, the increase in the cost of the necessities of life in recent 
years has been about 50 per cent while the increase of t\.<i wage 
of the workingman has been less than 20 per cent. 

The most unfortunate aspect of the situation is that while tlie 
wealth of the country is increasing prodigiously year by year, 
this wealth, instead of being diffused among the multitude, where 
its good effects could be appreciated in some measure by all 
classes, is being rapidly concentrated in the hands of a com- 
paratively few. 

Senator LaFollette, after careful investigation several years 
ago, stated in the United States Senate that "less than one hun- 
dred men controlled the industries of the whole country" and in 
the recent investigation of the money trust, made by Conoress, 
it was developed that the six men, controlling the clearing house 
of New York City, could make or break any bank or industry in 
the United States. 

This consolidation of the manufacture and production of the 
necessities of life into great monopolies, with the attendant in- 
crease of cost to the consumer without a proportionate increase 



382 DUNNE — JUDGE, MAYOR, GOVERNOR 

in the income of the wage earner and the concentration of the 
wealth produced in the hands of the few is a dangerous menace to 
the welfare and prosperity of our country. 

It is defended by some as an evolution of modern progress. 
Add one letter to evolution and it becomes revolution. Make ft 
fcAV more additions to monopoly in modern business and it may 
have the same effect. 

Thoughtful minds have been for years alarmed at these dan- 
gerous tendencies of the times and have been warning the public 
against their continuance. 

Thomas Carlyle, in his book on the French Revolution, de- 
clared that the immediate and provoking cause of that cataclysm 
was "a hungry belly." 

Private monopoly, if left undisturbed, is always rapacious, 
and, if the necessities of life are in the hands of monopoly, the 
public will be exploited to the limit of human endurance. 

Public control of private monopoly must come as the only 
remedy. Great leaders of public thought have long reached this 
conclusion. Col. AVilliam J. Bryan has w^ritten into the platforms 
of two national conventions the bold statement that "Private 
monopoly is indefensible." Senator LaFollette has declared that 
' ' The railroads, the trusts, the tariff and the money power control 
in government and the burdens of the people grow heavier every 
day. A crisis is at hand," and he attempted to write into the 
platform of his party a declaration that "monopoly is intoler- 
able." 

Following these great tribunes of the people, Col. Roosevelt, 
Governor Wdson and other patriotic moulders of public thought 
have pointed out the dangers resulting from the continuance of 
monopoly in business and warned the rulers of our country of the 
dangers of the wrath to come. 

Let us, my friends, on this day dedicated to the celebration 
of our national anniversary, give a little thought to this serious 
aspect of our present day conditions. We are too well educated 
and too intelligent people to pass over wuth indifference matters 
which so seriously concern the welfare of our country. 

It will not do for us to say "we are too much engrossed Avith 
our private affairs to be concerned with public affairs." It wnll 
not do to say "leave public affairs to be disposed of by public 
men." That is the position of the lazy and indifferent citizen. 
The indifferent citizen is a bad citizen. He sleeps at his post. 
The men behind the monopolies never do. Men in public affairs 
will respond to public sentiment when it is manifested at the polls. 
If they don't, they go out of office quickly. But an indifferent 
and sleepy electorate often allows, by its ignorance and indolence. 



DUNNE — JUDGE, MAYOR, GOVERNOR 383 

men in public office and the agents of vested interests to enter 
into political partnerships, the profits of which are unwittingly 
paid by the electorate for years before discovery. 
Let us, in the exercise of our duties as citizens, place patriotism 
patriotism, to depart sufficiently from the materialistic tendencies 
of the age to devote some of our time and attention to the public 
questions of the day. Let us keep pace with the march of events. 
Let us, in the exercise of our duties as citizens, place patriotism 
before party and man before mammon. 

If we find aught in public questions of the day which is of 
serious portent to the health of the Xatiou, let us by our voice and 
vote make ourselves heard in averting it. If we find that which 
makes for. the prosperity and well-being of the country, let us 
stand fast for it. Let us determine to make this Nation a happy 
as well as a splendid land and sing with Longfellow to our 
motherland : 

"Our hearts, our hopes, are all with thee — 
Our hearts, our hopes, our prayers, our tears, 
Our faith triumphant o'er our fears 
Are all with thee, are all with thee." 



384 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE ECONOMIC PROBLEM OF THE 

DAY. 

Address at Ottawa, Illinois, September, 1912. 

Mr. Chairman and Gentlemen: 

' On a day set apart by law to be devoted to the celebration 
of the achievement of labor, it is well for us to discuss those sub- 
jects which most materially concern and affect the welfare of the 
laboring man. 

The day can best be celebrated by giving thought to the 
subjects which most affect the proletariat. To my mind these 
subjects are those which are concerned with his income, his outgo, 
and the laws which protect him in his daily avocation. 

The workingman is much more vitally concerned about the 
income which concerns his family, the outgo, or necessary ex- 
penditures of his family, and the legislation covering his avocation 
than is the millionaire or man or woman in easy circumstances. 

The workingman is mainly dependent, particularly early in 
life, upon the wages he earns. He too is concerned in the expendi- 
tures necessary to the support of his family. If that income is 
sufficient to enable him to support his growing family in decent 
circumstances and if the expenditures of his family fall within 
the wages earned by him, he is independent and can begin to 
save and lay aside a foundation for a competence in the future. 
If, on the other hand, his income is not sufficient to sustain his 
family in decent circumstances, and if his necessary outgo equals 
his income or exceeds it, his prospects for the future are indeed 
unfortunate and worthy of serious consideration. 

I shall, therefore, in this address endeavor to discuss with 
you the all-absorbing and important question of the increase in 
the cost of living. 

Figures gathered by me within a recent period justify me 
in the statement that during the last twelve years, the cost of 
the necessaries of life, suitable to a decent, self-respecting Ameri- 
can citizen, has increased about 50 per cent. Part of this in- 
crease in the cost of the necessaries of life — probably 50 per cent 
of it — can be fairly ascribed to the recent generous production 
of gold from the bowels of the earth. Gold is the standard of 



DUNNE JUDGE, MAYOR, GOVERNOR 385 

money values in this and most otlier civilized countries. The 
remaining 50 per cent, however, can be ascribed in this country 
to another cause. 

The high protective tariff, which has been in force during the 
last twenty years, is the main cause of at least 40 per cent of the 
increase in value of the necessities of life. A protective tariff, which 
imposes taxes varying from 20 per cent to 75 per cent on all the 
necessaries of life, must and does occasion a tremendous increase of 
cost for those necessaries to the workingmen of this country. The 
imposition of such onerous duties upon foreign made goods prac- 
tically shuts off the manufactures of these necessaries in foreign 
countries from entering into competition with the producers of 
such necessities within the limits of the United States. No foreign 
manufacturer producing these necessities abroad can afford to pay 
the freightage upon such goods to tliis country and then in addition 
thereto pay this onerous imposition varying from 20 to 75 per cent, 
and successfully enter into competition with our domestic manu- 
facturers. 

Having destroyed foreign competition, the manufacturers 
of the necessities of life in this country years ago discovered that by 
combining the domestic manufacturers into great monopolies, now 
called "Trusts," they could succeed, in the absence of competition, 
in forcing up the prices of these necessities to the American con- 
sumer and that is what has actually taken place. 

In the neighborhood of 300 great monopolies, capitalized for 
over $8,000,000,000, have been organized during the last sixteen 
years in the United States under the fostering protection of the 
high tariff laws. These monopolies, in every case, have increased 
the price of these necessities to the consumer to an outrageous 
degree. 

The Chicago Inter-Ocean in its issue of July 29, 1912, published 
as a news item the following statement: 

"Industrial combinations have kept on increasing in size and 
number until their total capitalization is more than $8,000,000,000. 

"These industrial combinations, in the great majority of cases, 
have been formed primarily for the purpose of controlling or ad- 
vancing prices to the consumer. The great enlargement in profits 
has, for the most part, been accomplished by price advances and 
not by cost curtailment." 

The Inter-Ocean gives as authority for this statement Moody's 
Manual, a recognized financial monthly. Most of these monopolies 
are engaged in the manufactvire of articles absolutely necessary to 
the American workingman to sustain himself and his family in 
decent comfort. Nor is this statement of the Inter-Ocean and 
Moody 's Manual to be wondered at. 

—13 



386 DUNNE — JUDGE, MAYOR, GOVERNOR 

As long as liuman nature is selfish in its character, so long will 
human beings, in the possession of a monopoly, raise prices and 
increase their profits. If there were but one dry goods merchant 
in the city of Chicago, that merchant, being in the possession of a 
monopoly, would charge his own prices. If there were but one 
doctor, he would charge exorbitant fees. If there were but one 
lawyer, the same result would happen. Abolish competition and 
institute a private monopoly and the result is inevitable — an in- 
crease of cost to the consumer 

A private monopoly is intolerable and indefensible and be- 
comes a menace to any community, and any law which encourages 
the- development of private monopolies is inimical to the interests 
of the community. The protective tariff laws of this country have 
been justified by their sponsors solely upon one ground, and thai, 
ground is the protection of American labor. And yet recent in- 
vestigation has established the fact that, in the most highly pro- 
tected industries of this country, the wages paid to the operatives 
barely enable those operatives to sustain an existence. The textile 
industries of the United States are highly protected by our pro- 
tective tariff laws and yet the report of the United States commis- 
sioner appointed to investigate into the condition of the Lawrence, 
Mass., textile works show that in that highly protected industry 
families of four have to live on $5 a week ; that, when the mills run 
on full time, the average family wage is $8.06, but the periods of 
half time of employment frequently occur and materially reduce 
the average. Yet the textile industry is heavily protected by law. 
A recent congressional investigation of the condition of the steel 
workers, another highly protected industry, shows that the opera- 
tives in that industry are compelled to work seven days a week and 
twelve hours a day under conditions no better than prevail in Euro- 
pean countries. 

That the workingman is not receiving the benefit of the pro- 
tective tariff laws, is shown by the vast accumulation of wealth in 
the hands of owners of these great industries while the workingmen 
are living upon wages that barely sustain life. 

According to Congressman Copley, himself an extensive manu- 
facturer, in an address delivered by him to the graduating class of 
Carroll University, Washington, June 28, 1911, ''the absolute con- 
trol of railroad, telegraph, telephone, iron and steel industries of 
the United States rests in the hands of five men who are the prin- 
cipal owners of the United States steel corporation." 

Congressman Copley declares that these same men in addition 
control 70 per cent of the banking interests of New York and that 
practically every gas and electric lighting company in the country 
is dominated by them. Continuing further in his address he says. 



DUNNE — JUDGE, MAYOR, GOVERNOR 387 

"We are face to face with the greatest problem of our existence. 
The question is, Shall five men, who now dominate the United States 
steel corporation, rule the country by an oligrachy of wealth or 
shall the people govern for the benefit of all the people and give 
every man a square deal ? ' ' 

Senator LaFollette in the United States Senate, within the last 
two years, made the statement, as the result of a thorough investi- 
gation, that 100 men whose names he gave were in absolute control 
of all the great industries of the United States. The recent con- 
gressional investigation, made concerning the money trusts of this 
country, discloses the further alarming and appalling fact that six 
men, being the men in control of the executive committee of the New 
York clearing house, could make or break any bank and, through 
the banks, any industry in the United States. 

This accumulation of wealth under the protective tariff laws of 
this country in the hands of a few has produced within recent years 
some billionaires and a multitude of millionaires, while the files of 
our papers disclose from day to day that famished men and women 
are committing suicide in the streets of our great cities. 

"Ill fares the land to hastening ills a prey, 
Where wealth accumulates and men decay." 

If the condition of the workingman, as to his income, is to be 
improved, the tariff upon the necessities of life in this country must 
be reduced speedily and effectually. 

Up to this point, I have been discussing the high cost of the 
necessities of life. Let us now turn to the income of the work- 
ingman. 

Federal statistics show that, during the same period, while the 
cost of the necessities of life has been increasing to the extent of 50 
per cent more than what they were some ten or twelve years ago, 
the wage of the average workingman in the same period has not 
increased in proportion. Federal statistics show that the wage of 
the workingman during that same period of time has not increased 
to exceed 20 per cent. 

It matters not what are the causes of the increase in the cost 
of the necessities of life — whether it be from excessive gold produc- 
tion or the protective tariff — if the condition of the workingman is 
to be maintained in this country, his income must keep pace with 
the increase in the cost of living, and any condition which permits 
increase in the cost of living to exceed the increase in the income 
of the workingman will result disastrously to the country. 

A concrete example would probably illustrate this more force- 
fully. Assume the ease of a workingman who earned $600 a year 
twelve years ago. Assume that this man supported himself and his 



388 DUNNE — JUDGE, MAYOR, GOVERNOR 

family upon $550, laying aside each year $50. If, now in twelve 
months, that man's income has increased 20 per cent, he would 
now be getting $720. If, however, the necessities of life for which 
he had paid $550 twelve months ago had increased in cost 50 per 
cent, it will cost him now to live $825, so that instead of saving 
$50 a year he is running behind at the rate of $105 per year. 

This brings the workingman to a situation where he must de- 
prive himself of some of the necessities of life in order to live, and 
a hungry belly is a dire portent in any country. Thomas Carlyle in 
his work on the French revolution declares that the real cause of 
that cataclysm was ' ' a hungry belly. ' ' That critical situation must 
be avoided in any well governed country. 

In such a situation the only protection that the workingman 
has is : first, in the organization ; and, second, in an aroused public 
sentiment. Wherever the workingman has had an organization, it 
has been the invariable result that the conditions of the men belong- 
ing to these organizations have been improved and almost always 
their wages have been raised. 

Who then will say the laboring men of America have not the 
right to organize themselves into unions for the betterment of them- 
selves and for the enforcement of a living wage. The time has 
passed when organizations of this character are opposed to the law 
or condemned by public opinion. Such organizations, when wisely 
and judicially governed, are of much importance and benefit to the 
workingman. Public opinion in this advanced age recognizes that 
they are a necessity to modern progress and a material benefit to 
the working people. 

The Congress of the United States has recently, I am pleased 
to say, recognized the right of organization, even among public 
employes, but such organizations should be conducted upon legiti- 
mate and orderly lines. 

The second protection which the workingmen of this country 
have is that which arises from the public conscience, which, in a 
well ordered community, is always in favor of the maintenance of 
a decent wage. 

The public in the 20th century will not tolerate conditions of 
employment which deny to human beings reasonable hours of rest 
and recreation and a reasonable wage. Many advanced communities 
are rapidly coming to the conclusion, as they have already in Eng- 
land, that a maximum number of hours and a minimum wage ought 
to be established in certain industries by law, particularly in case 
of women. 

Another subject which much concerns the working people of 
this country is the character of the legislation with relation to 
certain occupational employments. 



DUNNE JUDGE, MAYOR, GOVERNOR 389 

It has been found necessary in the interest of humanity, in 
certain trades and occupations, which may become detrimental to 
human life, to establish certain rules and regulations by law under 
which such occupations can be carried on. Thus we have in this 
State, and other states, many laws relating to the limitation of the 
hours of labor, the conditions under which work must be performed 
and relating to protection from dangerous machinery, all of which 
have been demanded by an aroused public sentiment. So, in recent 
years, it has been demanded by the public that the risks and dan- 
gers, necessarily incident to employment, should not in case of 
injury place the burdens of the catastrophe upon helpless widows 
and orphans, who are dependent on those who lose their lives in 
the great modern industries of the day. • 

I know of no character of laws which are more humane, more 
just and more earnestly demanded by the public than those laws 
which throw the burden, resulting from the loss of life or limb, 
upon the enterprises in which the workingman is engaged rather 
than upon his helpless wife and children. 

It has been a blot upon our civilization within recent years 
that men of skill and caution have lost their lives or limbs and ren- 
dered their families destitute and helpless, throwing them in many 
cases out upon the world to drift into the poorhouse and, in many 
cases, into houses of prostitution and penitentiaries. 

An employes' compensation act has recently been passed in this 
State to relieve this situation and to place the burden of these catas- 
trophes upon the enterprises. Wliether or not that law is adequate 
and effective for the purpose, is yet to be determined. If it is not 
and if it needs strengthening, it ought to be the duty of the State, 
having regard for the rights of both employers and employes, to 
strengthen and make that law effective for the humane purpose for 
which it is intended. 

The aim and object of the legislation relating to workingmen 
and occupational employment should be to prevent in every possible 
way the loss of life and limb by enforcing provisions of protection 
against dangerous machinery ; by limiting the hours of labor to such 
terms as will not weaken human endurance; by enforcement of 
hygienic and sanitary regulations and by other measures which will 
tend to lessen the liability of the occurrence of such catastrophes. 

And when the law has gone as far as possible in that direction, 
it then should be the aim of the State, knowing that accidents will 
occur even in the most careful managed institutions, to place the 
burden of these catastrophes upon the enterprises rather than upon 
the helpless relatives of the dead or injured. That is the tendency 
of modern thought. That is the demand of the 20th century, and 
that should be the aim and object of all men elected to administer 



390 DUXXE — JUDGE, MAYOR, GOVERNOR 

the affairs of the State. The condition of labor nnist keep pace with 
the progress of the century. As the world is improving in art and 
in science, so it should improve in the passage of legislation which 
will protect and care for the men and women who labor in the 
march of industry. 



DUNNE — JUDGE, MAYOR, GOVERNOR 391 



SCORES ABUSES OF THE SHYLOCKS. 

Statement to the Public, August, 1912. 

The money lenders of Chicago who loan money upon the secur- 
ity of a man 's unearned wages have been guilty of more conscience- 
less acts of rapacity and brought more misery and desolation into 
happy homes than have the highwaymen who rob the wayfarer on 
the public streets. The highwayman takes only what the citizen 
has on his person ; the salary loan shark plunders his victims week 
by week, and month by month, for years. 



392 DUNNE — JUDGE, MAYOR, GOVERNOR 



MESSAGE TO THE FORTY-EIGHTH 
ASSEMBLY. 

Gentlemen of the Forty-eighth General Assembly: 

The Constitution of the State wisely provides that the Gover- 
nor shall, at the commencement of each session, and, at the close 
of his term of office, give to the General Assembly information by 
message of the condition of the State, and make such recom- 
mendations as he deems proper. In compliance with that provis- 
ion Governor Deneen has submitted his message to you. 

It also has become the custom for the incoming Governor to 
make an inaugural address, recommending such measures to the 
consideration of the General Assembly as he deems expedient 
and necessary. In pursuance of that custom, I respectfully 
submit the following : 

AMENDMENTS TO THE CONSTITUTION. 

The Constitution of this State should be amended in at least 
three essential particulars, and in at least three separate articles 
of the same to meet the demands of modern progress. 

FIRST. INITIATIVE AND REFERENDUM. 

Under Article IV, relating to the legislative department, as 
now phrased, the inherent right of all self-governing people to 
initiate and veto laws is not reserved to and by the people of 
Illinois. 

For more than eight years, the people of this State, following 
precedents set by other republics and fourteen sister states of the 
American Union, have been insistently demanding the right to 
legislate directly for themselves by the initiative and the right 
to veto legislation, passed by the Legislature, contrary to the 
wishes of the people, by the referendum. Twice within the last 
eight years the people of Illinois, by overwhelming votes at the 
ballot box, in the ratio of about five to one, have manifested an 
urgent desire for this great reform. Their demand is insistent 
and .iust, and has been too long denied. 

With the control given to the people over legislation, by the 
possession of the initiative and the referendum, corruption in the 



DUNNE — JUDGE, MAYOR, GOVERNOR 393 

Legislature would, practically, be eliminated and all laws, finally 
enacted either by the' Legislature or by direct vote of the people, 
would truly express the will of the people. 

This control of the law-making power by the people them- 
selves can only be secured by amending Article IV of the Consti- 
tution, so as to give to the people the right, by popular petition, 
to originate legislation under the initiative, and to veto legisla- 
tion by the referendum. 

I would respectfully recommend, therefore, at this session of 
the Legislature, that the necessary legislative steps be taken to 
amend Article IV of the Constitution, so as to secure the right 
of direct legislation by the people themselves, upon a petition of 
eight per centum of the voters voting at the last general election ; 
and to secure the right of veto in the people, by requiring sub- 
mission to the people of any law or laws, passed by the Legis- 
lature, for their approval or disapproval, upon the filing of u 
petition of five per centum of the v^oters, voting at the last gen- 
eral election. 

SECOND. ARTICLE IX RELxVTING TO REVENUE. 

Article IX of the Constitution, relating to revenue and tax- 
ation, and Article XIV, relating to amendments to the Constitu- 
tion, ought, also, be amended but we are unfortunately con- 
fronted with a constitutional impasse, which makes it impossible 
to provide for more than one of these three amendments to the 
Constitution at this session of the Legislature. 

THIRD. ARTICLE XIV ON AMENDMENTS. 

Article XIV of the Constitution, relating to amendments to 
the Constitution, declares that "The General Assembly shall have 
no power to propose amendments to more than one article of this 
Constitution at the same session." 

This article, itself, should be amended. It is archaic, un- 
reasonably restrictive, and oppressive. No valid reason exists 
why several articles of the Constitution should not be amended at 
the same session to meet the demands of modern conditions. 

The unreasonably restrictive character of this article has oc- 
casioned, at times, a demand for a constitutional convention to 
revise the whole Constitution but that demand has not been so 
general or insistent as has been the demand for the amendment 
of tlie Constitution in certain well defined particulars. 

There is a general and justifiable demand for an amendment 
to the Constitution, covering the initiative and referendum, for 



394 DUNNE — JUDGE, MAYOR, GOVERNOR 

broadening the amending clause of the Constitution, and for an 
amendment of that article of the Constitution relating to the rev- 
enue or taxing power of the Legislature. 

FOURTH. AMEND ARTICLE IX. 

Article IX of the Constitution, relating to taxation and. rev- 
enue, requires every person and corporation to "Pay a tax in 
proportion to the value of his or her, or its property." This 
language prevents the Legislature from using any discrimination, 
of any character, between different classes and descriptions of 
property. All property, real and personal, tangible and intangi- 
ble, must be assessed in the same category, and at the same ratio 
of value. 

In theor}^ this was deemed fair and just by the framers of 
our Constitution. In practice, as the result of over forty years' 
experience in this and other civilized countries, it has been found 
impossible of accomplishment. A large portion of personal prop- 
erty, and substantially all personal property evidenced on paper, 
such as bonds, stocks, notes, etc., has escaped taxation and will 
continue to escape taxation until such property is placed in a 
special category and taxed in such a way as to secure for the 
State proper revenue therefrom. 

Article IX of the Constitution, therefore, should be amended 
so as to give the Legislature and the people free rein in the way 
of taxing different classes of property, in different schedules, and 
by different methods. 

AMEND ARTICLE IV. 

While the Constitution should be amended, in all of the fore- 
going particulars, only one of these amendments, as I have 
pointed out, can be provided for at this session because of the 
limitations imposed by the Constitution itself. We must, there- 
fore, elect now as to which of these different articles of the Con- 
stitution should be amended at this session of the Legislature. 

In view of the insistent and repeated demands of the people 
at the polls for the initiative and referendum, I, therefore re- 
spectfully urge the Legislature at this session to take the neces- 
sary steps to procure the amendment of Article IV of the Con- 
stitution, so as to permit the crystallization into law of the in- 
itiative and referendum. 

When this action is taken at this session it can be followed 
at the next following session of the Legislature by action pro- 
viding for an amendment of that article of the Constitution, relat- 



DUNNE — JUDGE, MAYOR, GOVERNOR 395 

ing to amendments, so as to permit amendments to three, or even 
more, of the articles of the Constitution, at the same session, which 
will open the door for reform of the revenue laws thereafter, and 
any other changes in the Constitution demanded by the people. 

In making this recommendation, I am not unmindful of the 
fact that the people of this State, under the Public Policy Act, 
voted in November, 1912, for submission at this session of the 
Legislature the question of amending Article IX of the Constitu- 
tion, relating to revenue, by a vote of nearly three to one. I 
desire to call your attention, however, to the fact that very littlb 
publicity was given, during the campaign, to the circumstance 
that only one article of the Constitution could be amended at 
a single session, and that the amendment of the article relating 
to revenue, would necessarily, of itself, postpone the amendment 
of the Constitution covering the initiative and referendum to a 
subsequent session. 

I call your attention to the further fact that in the same cam- 
paign, as conducted by myself, the initiative and referendum were 
urged as among the most vital and pressing issues of the cam- 
paign, and that my plurality, of approximately 125,000, was 
largely the result of the persistency with which I pledged myself 
in favor of the adoption of that great reform. 

That many of the people, unenlightened as to the effect of 
their vote under the Constitution, were dubious on the matter, is 
shown by the fact that while on two other occasions they voted 
for prompt action on the initiative and referendum by a vote of 
about 5 to 1, the demand for revenue reform was voiced by a vote 
of only 3 to 1. 

ABOLITION OF STATE BOARD OF EQUALIZATION. 

Moreover, relief from some, and the most onerous, of the 
iniquities and inequalities of taxation is open to us without wait- 
ing for an amendment to the Constitution. For years past the 
great corporations of the State have been enjoying undue favor- 
itism in the matter of taxation, owing to maladministration of 
the law by the State Board of Equalization. This body is 
charged by law with the duty of assessing fairly and justly the 
property of corporations. It has signally failed in its duty. 'Vhc^ 
corporations have been unduly favored at the expense of the 
people. 

Experience has shown that the State Board of Equalization 
is unscientifically constituted and unfairly administered. It is a 
departmental fiasco, and its work farcical. It is unwieldly in 
numbers, intermittent in its labors, and secretive in its methods. 



396 DUNNE — JUDGE, MAYOR, GOVERNOR 

It should be abolished. In its place should be created a tax 
court, or coramissiou, comj)osed of three or tive members of ap- 
proved intelligence and information, appointed by the Executive, 
with the approval of the Senate, for a term of years, that shall 
remain in continuous session the entire year and record its acts 
and findings from day to day. It should be given all the powers 
now committed to the State Board of Equalization, and. in addi- 
tion thereto, should have general supervision of the administra- 
tion of the assessment and tax laws of the State ; invested with 
power to advise and instruct local assessors, prescribe forms for as- 
sessment returns and reports, require returns, schedules and other 
information, under oath, from individuals and corporations, ap- 
point special assessors, expert examiners and accountants, direct 
reassessments in case of defective assessments, hear appeals and 
complaints, investigate on its own initiative the administration 
of all tax and revenue laws, examine into the tax methods of 
other states, and recommend to the Legislature any and all 
amendments to the revenue laws of the State, which would make 
for a fair and equitable distribution of the burdens of taxation 
betAveen the people and corporations of the Commonwealth. 

Such a compact body, clothed with snch power, would be 
more efficient in action, more responsive to the public demand for 
equitable taxation, and more easily and directly held responsible 
for any errors and mistakes which might be made than is the 
cumbersome and constantly changing elective body now called the 
Board of Equalization. 

I, therefore, respectfully recommend the passage, by the Leg- 
islature, of a law abolishing the State Board of Equalization, and 
creating a tax court, or commission, along the lines above in- 
dicated. 

ELECTION OF UNITED STATES SENATORS. 

Under the existing terms of the Constitution of the United 
States, United States Senators must be elected by the legislatures 
of the states. As the result of one hundred and twenty-six 
years of experience, it has been found that this method of elect- 
ing United States Senators has resulted in scandalous corruption, 
and scandalous misrepresentation of the people in the upper 
chamber of Congress. 

For many years past, in many of the states, the election of a 
United States Senators has been accompanied by chicanery, fraud, 
double-dealing and corruption. Many of the men, so chosen, 
have shown, by their votes and conduct, in what ought to be the 
most august and trusted body of the people's representatives. 



DUNNE — JUDGE, MAYOR, GOVERNOR 397 

that tliey represented, not the interests of the people, but the in- 
terests of plutocracy and organized greed. The Senate of the 
United States, in recent years, because of this condition of affairs, 
has, in a large degree, lost the confidence of the people. 

United States Senators should be chosen in each of the states, 
as are its governors, its Congressmen and state officials, by popu- 
lar vote. At least this is the demand of the people of this State. 
The Legislature of this State has gone on record to this effect 
in the years 1903, 1907 and 1909. 

The Congress of the United States has yielded to the public 
demand for a change in the method of electing United States 
Senators. In May last it adopted a joint resolution providing 
for the amendment of the clause of the Constitution governing 
the election of Senators which, when it has been ratified by three- 
fourths of the states, as I believe ii will be, will invest tlie people 
of each of the forty-eight states with power to choose their Sen- 
ators at the ballot box. The ratification of this amendmeut by 
the State of Illinois will come before the General Assembly at this 
session. In view of the action taken by previous General Assem- 
blies, I have no doubt that your concurrence is assured. Until 
such an amendment to the Constitution is passed, the advir.ory 
vote of the people at the polls should be binding on the eon- 
science of every member of the Legislature. 

PUBLIC UTILITIES. 

The day of competition in the supply of gas, electric light and 
power, street railways, and som.e other public utilities, ha^ passed. 
Monopoly in these matters has come to stay. 

In these modern days no municipality can tolerate tbo tear- 
ing up of its streets, every few months or years, by rival water, 
gas, electric light, heating or telephone companies in tie laying 
of pipes, wires and conduits. 

Only one utility producing concern should be allowed that 
privilege for each utility in each city. 

That concern must be either the municipal corporation itself 
or a private corporation. 

The sole aim of a public corporation is to operate to the satis- 
faction of the community, which is always assured by giving the 
best service at the lowest rate. 

The sole aim of all private corporations, unregulated by law, 
is to make money for their stockholders, and the most money can 
be made by poor service at a high rate to the consumer. 



398 DUNNE — JUDGE, MAYOR, GOVERNOR 

The only question, then, is whether the public shall own and 
operate through State or local agencies, or whether it shall allow 
these utilities to remain in the ownership and control of private 
corporations and regulate them by law. 

MUNICIPAL OWNERSHIP. 

After a careful investigation, through funds contributed oy 
various vested, interests, the Committee on Municipal v. Priva,te 
Operation of Public Utilities, appointed, in 1906, by the National 
Civic Federation, reported nineteen to one : 

"To protect the rights of the people, we recommend, that the 
various states should give to their municipalities authority, upon 
popular vote, under reasonable regulations, to build and operate 
public utilities, or to build and lease the same, or to take ovet 
works already constructed. In no other way can the people 
be put upon a fair trading basis, and obtain from the individual 
companies such rights as they ought to have." 

In other words, this commission, of which a majority at the 
start were strongly in sympathy with, or identified with private 
ownership, held the right of municipal ownership to be more im- 
portant than any form of regulation. 

While most cities of Illinois may not be ready, as yet, to un- 
dertake municipal operation of other than waterworks, legisla- 
tion should be enacted immediately, giving all cities the right to 
build or buy, and to operate their utilities. For this purpose, 
cities should be empowered to issue bonds, subject to a referen- 
dum and such other reasonable safeguards as may be necessary. 
If such rights are given, it will force private corporations, now 
furnishing these utilities, to give decent service at decent rates, 
or face the alternative of public ownership. 

STATE REGULATION. 

Important as it is to give cities the right to manage their own 
pul)lic utilities, it is also important to give to State and local 
bodies large powers of regulation of the public utilities that re- 
main in private hands. 

These utilities may be broadly classed as "intra-urban" and 
"inter-urban." In other words, they are either local in char- 
acter, confined to a city and its suburbs, or they run through 
country districts and connect one place with another. 

In the latter class are included interurban electric railways, 
natural gas mains, electric transmission lines, and a considerable 
portion of the telephone systems of the State. 



DUNNE — JUDGE, MAYOR, GOVERNOR 399 

In the other class are included city gas, electric light and 
power, heating, and street railway companies, and such parts of 
the telephone system as are operated within cities by virtue of 
franchises granted by such cities. Waterworks in private hands, 
and, doubtless, some other public utilities, could be included in 
this class. 

The interurban utilities can only be regulated by the State. 
P^or that purpose a well-equipped Public Utilities Commission 
should be created with large powers. It should control the 
issue of securities, the character of service, the rate of charge, etc. 
It should be appointed by the Executive with the approval of 
the Senate. 

With respect to intra-urban, or strictly city utilities, it might 
be well, at the start, to give to the proposed State commission 
control of the city utilities w^hen requested by any of the several 
cities of the State. The commission, however, should be em- 
powered to secure uniformity of accounting and full publicity 
with respect even to the city utilities, and should be prepared to 
furnish this information in tabulated form in its annual reports, 
and in further detail to public officials. 

The commission should also be equipped with funds and 
authority, so that it can employ and furnish competent expert 
help in cities seeking advice and assistance from this State com- 
mission. 

When requested to do so by any municipalit}^, the commis- 
sion should also supervise the service of these city utilities. 

It would also be well to give the State commission full con- 
trol of all new issues of stocks, bonds and notes, and other evi- 
dences of indebtedness of all the public utilities of the State, 
including those within the cities. If this were done, the com- 
mission should be equipped with resources and power to make 
a physical valuation of such properties. No additional securi- 
ties should be permitted to be issued save for additional physical 
property and legitimate brokerage. It should be distinctly pro- 
vided that future issues of securities, when approved by the 
commission, should be clearly separated by serial numbers, or 
otherwise, from existing securities, to the end that purchasers 
might ahvays know whether they were buying new securities, 
approved by the State, and issued for an increase of physical 
investment, or, whether they were buying securities issued prior 
to the enactment of the law, and that had not in any way passed 
under the scrutiny of the State. 



400 DUNNE — JUDGE, MAYOR, GOVERNOR 

LOCAL REGULATION. 

In addition to a law conferring the right of municipal own- 
ership, and another creating a State Utilities Commission, we need 
legislation conferring upon cities that choose to exercise it, the 
same rights of control over all their city utilities that they now 
possess with respect to water companies. Chicago secured such 
a right with respect to gas and electric companies about six years 
ago. A similar law, with perhaps some additional powers, should 
be passed for all cities. 

After some experience with the legislation, recommended 
above, we shall be in better position to determine whether the 
powers of the State commission should be further increased. It is, 
of course, desirable, and in accordance with democratic policy, 
to confer as much home rule as possible upon cities, and to con- 
centrate in State and national hands only such powers as are 
State or Nation-wide in their scope. 

To Chicago and all cities over 100,000 population might be 
given the right, enjoyed by the city of St. Louis, of creating its 
own commission, which would report directly to the city council, 
and be given such powers and resources as may be conferred upon 
it by the city itself. 

CORRUPT PRACTICES ACT. 

For many years past elections in this State, particularly in 
our largest cities, have been signalized by the lavish use of money, 
both before and during primary elections, and before and during 
final elections. Hordes of hired men have surrounded polling 
places, intimidating, cajoling and often terrorizing voters. Can- 
didates liave coneededly spent in election contests more than 
twice the salary they could collect during the whole term of 
their offices. Such a practice is scandalous, and, if further toler- 
ated by law, will debar from political aspiration all but the rich 
and corrupt. These two classes (the rich and corrupt) combined 
form but a very small portion of the community, and to limit 
public office and honor to them is a violation of the spirit and 
genius of American institutions. 

To reform these conditions I, therefore, recommend the pass- 
age of a Corrupt Practices Act, which will limit, within reason- 
able restrictions, the expenditure of money during a political cam- 
paign, and compel the publication of all amounts collected and 
expended both before and after election. 



DUNNE — JUDGE, MAYOR, GOVERNOR 401 

CIVIL SERVICE. 

Civil service is no longer an untried principle. Honestly and 
fairly administered, it makes for better and more efficient public 
service, and the people have shown by their votes that they are 
in favor of it. 

The various institutions and offices of the State should be 
maintained at the highest possible point of efficiency, and an hon- 
estly enforced Civil Service Law will do much to secure that 
result. 

I respectfully urge that your honorable body give careful 
consideration to all measures relative to civil service, its extension 
to positions, which should be included within its scope, and other 
amendments which might make for the better operation or en- 
forcement of the law. 

PARK CONSOLIDATION. 

In the city of Chicago there exists three quasi-municipal 
bodies known as park commissions of the city of Chicago, to-wit • 

The Board of South Park Commissioners. 

The Board of West Park Commissioners. 

The Board of Lincoln Park Commissioners. 

All of these quasi-municipal bodies are conducted as wholly 
separate institutions, with different offices, with different execu- 
tives, different police forces, and under difl'erent management. 

There is no good reason why all of these parks should not 
be placed under one general management. In my judgment, it 
would result in better service at a reduced cost; and I, therefore, 
respectfully recommend legislation providing for a consolidation 
of the three park systems of the city of Chicago. 

SHORTER BALLOT. 

Some effort should be made to shorten the ballot of the 
elector. 

It has become so cumbrous, and heavily loaded, with names of 
candidates, particularly in large cities, that even the most en- 
lightened citizen is incapable of exercising an intelligent selec- 
tion in the choice of some candidates. 

This condition exists both at primary and final elections. 
It is worse at primary elections because there is, under the pres- 
ent condition of the law, no limitation as to the number of can- 
didates for nomination. 

This shortening of the ballot at primary elections might be 
attained by increasing the percentage of electors necessary to sign 



402 DUXXE — JUDGE, MAYOR, GOVERNOR 

the petition for nomination, or by requiring a decent percentage 
of the electors, signing the petition, to appear in person before 
the city or county clerl\: ; swear to the facts contained in the peti- 
tion, and identify their signatures before that official. A reason- 
able registration or filing fee should also be required upon the 
filing of every petition. 

At final elections, the only vv^ay of shortening the ballot is to 
cut down the number of elective officers. 

This can safely be done in many cases. Many public cor- 
porate bodies are now too large and unwieldly, and the individual 
members, by reason thereof, are less individually responsible to 
the people. 

I respectfully intrust to your favorable consideration the 
subject matter of shortening the ballots to be voted upon by 
the people, both at primary and final elections. 

All judicial officers should be voted for at a time when no 
State, county, city or village officers are being elected. This, in 
itself, would shorten the ballot as voted under present conditions. 

ROTATION OF NAMES ON BALLOTS. 

One of the gravest defects of our existing Election Law is 
that which gives the first place upon the ballot to the person 
who succeeds in having the official, with whom the petition is 
filed, stamp it as being the first filed, and which places the other 
petitioners' names upon the ballot in the order of filing, as de- 
termined by such official. Such is the effect of the existing law. 
The first place on the ballot is of enormous advantage, and should 
not depend upon the mere order of filing. No candidate should 
be permitted this undue advantage. If in no other way, this ob- 
jection to the existing Election Law can be avoided by amending 
the law, so as to require rotation of the names of the candidates 
in the printing of the ballots. 

I suggest that a special committee be appointed by each House 
to consider and determine upon some equitable plan for the rota- 
tion of the names of candidates upon the ballot. 

THE BREAKING OF PLEDGES BY PUBLIC OFFICIALS. 

In the political history of the country, it has happened that 
candidates for public offices during campaigns have given written 
pledges to their constituents with reference to their position, if 
elected, upon public questions of great interest to such constitu- 
ents; and, after election, have violated pledges when in public 
office. 



DUNNE — JUDGE, MAYOR, GOVERNOR . 403 

Such conduct appears to me to be obtaining votes under false 
pretenses, and obtaining votes by false pretenses is, to my mind, 
as great a moral crime as obtaining property by false pretenses. 
Why not make it a legal crime? I respectfully recommend the 
enactment of a law making the breaking of a written political 
pledge by a public official a felony punishable by imprisonment 
in the penitentiary. 

PAY OF EMPLOYES. 

Many employes in the State are paid their wages monthly. 
The custom has, unfortunately, developed a money loaning busi- 
ness, which is tainted by usury, and attended with many hard- 
ships. I, therefore, recommend the passage of a law requiring 
all employers to pay their employes as often as every two weeks. 

AMEND 2-CENT CAR FARE LAW. 

Owing to an oversight of the Legislature in drafting the 
2-cent fare act, children, under 12 years of age, not purchasing 
tickets at depots, are now charged three times the fare they would 
pay if they purchased tickets at the depot, while an adult is 
penalized to the extent of only 50 per cent of his fare. 

I recommend that the law be amended so as to provide that 
a child should not be penalized more heavily than an adult. 

PUBLIC EXPENDITURES. 

I recommend the appointment of a joint committee of both 
houses of the Legislature to examine into the condition of the 
public institutions of the State, and to confer with the State 
Board of Administration to ascertain if it is not possible to reduce 
the expenditures of the same without impairing the efficiency 
of these institutions. 

EPILEPTIC COLONY. 

l^ublic officials, and many philanthropic citizens in private 
life, have called my attention to the fact that in the State of 
Illinois there are a large number of men, women and children 
afflicted with epilepsy to such a degree as to render them in- 
capable of pursuing the gainful occupations of life yet who are 
otherwise mentally and physically in sound health. They num- 
ber, it is estimated, about 10,000. 

At least 2,500 of these, it is claimed, are, at the present time, 
without means of livelihood, without friends or relatives, who are 



404 DUNNE — JUDGE, MAYOR, GOVERNOR 

able to support tliem, and, by reason of their helplessness, art. 
drifting into crime and abject poverty. 

It is contended that such unfortunates should be cared for 
by the State, instead of placing them in county institutions ; that 
if they were cared for in some open colony with healthful sur- 
roundings, where they could receive skilled medical and surgical 
care, many of them would respond to such treatment, improve 
in health and become useful members of society. Much as I am 
disinclined to recommend any measure, which Avill increase the 
outlay of expenditure of the State, I am forced to conclude that 
the care of such unfortunates is a legitimate and necessary duty 
of the State in the exercise of common humanity. Other states 
have awakened to the wisdom of providing for these unfortunates 
in this manner, among them Indiana, Kansas, Michigan, Missouri, 
Ohio, Pennsylvania, Texas and New York. This State cannot 
afford to lag behind these other great jurisdictions in this par- 
ticular. I, therefore, respectfully recommend that the Colony 
for Epileptics be created, and that appropriation be made suffi- 
cient to buy a tract of land of about 2,000 acres, and that the 
erection of buildings thereon be commenced at the earliest pos- 
sible date. 

CONVICT LABOR. 

Provision, also, should be made for the employment of the 
inmates of our penitentiaries in road work. Primarily, convicts 
should be used for the preparation of material, either at the peni- 
tentiaries, or at camps, established near natural deposits of stone, 
gravel or other material. In the actual construction of high- 
ways when it becomes necessary, short term prisoners should be 
employed on an honor system, such as prevails in Colorado. 
Humanitarian reasons underlie the employment of convicts in the 
open air work of this sort. The problem of what is going to 
become of the paroled or discharged convict is largely solved if 
he is released, healthy in body and mind, and not debased by 
associations formed in the debilitating environments of cells and 
prison workshops. 

Psychological and physiological considerations enter into the 
employment of men, on an honor system in the fresh air and 
sunshine, wherein and whereby they are restored to society with 
their manhood quickened, instead of deadened, or destroyed. 

IMPROVEMENT ON HIGHWAYS. 

A matter touching vitally the agricultural, commercial, edu- 
cational, social, religious and economic welfare of Illinois, and in- 



DUNNE JUDGE, MAYOR, GOVERNOR 405 

volviiig the conservation of natural resources, is the question of 
good roads. In the improvement of public highways, Illinois has 
been backward. 

Reports of the Federal Department of Agriculture show that 
about 10 per cent of the 95,000 miles of Illinois roads are im- 
proved in a permanent manner, as against 38 per cent in the 
neighboring state of Indiana, 20 per cent in Wisconsin, 20 per 
cent in Kentucky, 28 per cent in Ohio and 50 per cent in Mas- 
sachusetts. Considered from the standpoint of improved roads, 
Illinois is the twenty-fourth in the list of states. 

The loss to farmers, because of inaceessibile primary markets, 
and the abnormal expense of transportation due to bad roads, 
must be considered as a contributing cause of the high cost of 
living. In some Illinois counties, highways are impassable to 
ordinary loads for a full third part of the year. Bad roads not 
only hinder crop production and marketing, but they keep the 
rural consumer away from the store of the merchant for weeks 
at a time. They keep pupils from the schools, and voters from 
political gatherings, and from participation in elections. They 
impair the efficiency of churches, and social, fraternal and other 
organizations, which depend largely on public gatherings for the 
efficacy of their work. 

Bad roads contribute to the unattractiveness, the isolation 
and the monotony of country life that are responsible for the de- 
sertion of rural pursuits, especially by the young. Experts in 
mental ailments agree that women in remote sections are the chief 
sufferers from the restriction of communication and social inter- 
course, which bad roads impose. 

Highway conditions in Illinois are due to the fact that prog- 
ress in methods of transportation and travel has not been met 
with corresponding changes in our system o^ road building and 
maintenance. Illinois clings to the obsolete practice of placing 
the burden of highway improvement on the townships. Other 
states, in their laws, have appreciated that highway travel is no 
longer entirely local and that the main arteries carry a great 
amount of inter-county and inter-state traffic. Permanent im- 
provement of the main arteries, which carry the great bulk of 
traffic, is a problem which affects the general welfare, and these 
states have established, successfully, systems of state aid on 
such highways. 

I recommend for your consideration legislation which will 
promote the efficiency and economy of the administration of the 
road systfm of the State. This legislation, I believe, should 
incorporate provisions for State cooperation with counties and 
townships in the construction of main highways and bridges; and 



406 DUNNE — JUDGE, MAYOR, GOVERNOR 

the proper maintenance of all roads after they are built ; for the 
compulsory dragging of all dirt roads, and for the use of the 
State automobile tax as a nucleus of a fund for such State aid. 

CHICAGO'S CRIPPLED FINANCES. 

My attention has been called by the mayor and corporate 
authorities of the city of Chicago to the fact that, under a recent 
decision of the Supreme Court of this State, construing the so- 
called Juul Law, the city of Chicago is now so seriously crippled, 
financially, as to be unable to carry on successfully its ordinary 
corporate functions. Other cities of the State may soon find 
themselves in like condition. 

I. therefore, respectfully suggest that the corporate authori- 
ties of the different cities of the State be given an immediate 
hearing, and that such amendatory legislation may be enacted as 
will conserve and protect the corporate functions of the cities of 
the State. 

AMEND THE JUVENILE COURT ACT. 

Under the existing Juvenile Court Law, a dependent can be 
taken from the care and custody of its parents and deposited be- 
yond the jurisdiction of the court and without the courts of the 
State — even beyond the seas. 

I respectfully recommend that it be so amended as to prevent 
such children being taken without the jurisdiction of the court. 

AMENDMENT OF THE JURY LAAV IN CIVIL CASES. 

I became convinced, from my experience on the bench, some 
years ago, that quite frequently there was a miscarriage of justice 
in civil law suits, resulting from disagreemoits of juries, procured 
by corrupt methods. 

In nearly all of such cases the disagreements arose by reason 
of one or two men refusing to agree with their fellow jurors upon 
verdicts, which, to the ordinary person hearing the evidence, 
would seem manifestly fair and just. Cases occurred in which 
two jurors, evidently in anticipation of a protracted disagree- 
ment, had prepared themselves for the expected developments, 
and fortified themselves with sandwiches, which, when hunger 
pressed them, they produced and consumed without dividing with 
the honest and unprepared members of the jury. 

In view of these experiences, I would respectfully suggest 
that the laAvs of the State, relating to the trial of civil cases 
in the courts, be amended so as to permit the court to accept a 



DUNNE — JUDGE, MAYOR, GOVERNOR 407 

verdict signed by eleven jurors after twelve hours' deliberation, 
and by ten jurors after twenty-four hours' deliberation. Such 
time for deliberation would give ample opportunity to an honest 
minority of one or two men to fully present their views to their 
fellow jurors, and convince them, if they, the minority, were 
in the right; and yet would prevent a miscarriage of justice, if 
they were in the wrong, and actuated by corrupt motives. I am 
of the opinion, however, that in all criminal cases, involving the 
life or liberty of a citizen, that a unanimous verdict should still 
be required. 

LAST DAY OF LEGISLATIVE SESSION. 

I have been informed by members of the Legislature, of 
much experience, that on the last day, or rather night, of the 
session, bills are read and voted upon in the midst of so much 
confusion and turmoil that it is often impossible for the most 
vigilant member to know what measure is being voted upon and 
how the vote is being recorded. 

On the assumption that such is the fact, I would respectfully 
suggest that the last day of all sessions, by statute, be set aside 
for the purpose of verifying all roll calls of the day preceding 
and for the transaction of no other business. 

The people have imposed upon the General Assembly and the 
Executive a solemn responsibility in the discharge of which, I 
trust, there will be friendly cooperation and sympathetic under- 
standing. Let us, therefore, strive earnestly, untiringly, to re- 
deem the pledges we have given : and the people 's faith in our 
sincerity will be our r^-ward. 



408 DUNNE — JUDGE, MAYOR, GOVERNOR 



URGES ELECTION OF LEWIS AND 
SHERMAN AS SENATORS. 

Statement to the Public, February, 1913. 

The time has come in the struggle for the election of United 
States Senators when a plain, frank statement is due to the members 
of the Legislature and the people of the State. 

At the advisory election, held April 9, 1912, Col. James Hamil- 
ton Lewis received 228,872 votes and became the choice of the 
Democratic party for United States Senator. At the same election 
Hon. Lawrence Y. Sherman received 178,083 votes and was 
selected by a large plurality of his party as the Republican candi- 
date for the same office. 

Since this primary election was held, the United States Senate 
has declared that the position held by United States Senator Albert 
J. Hopkins has never been filled, thus leaving to the Legislature, 
under the Constitution and laws, the duty of selecting two United 
States Senators, one to succeed Hon. Albert J. Hopkins and the 
other to succeed Hon. Shelby M. Cullom, the present United States 
Senator. 

At the election held November 5, 1912, the Democratic ticket 
prevailed in Illinois by a very large plurality, the candidates on 
that ticket being elected by pluralities ranging from 80,000 to 125,- 
000 approximately. 

At the same election State Senators and Representatives were 
voted for and elected, resulting in the Senate being composed at 
the present time of 24 Democrats, 24 Republicans and 2 Progres- 
sives ; and the House of Representatives being composed of 50 
Republicans, 73 Democrats, 25 Progressives and 4 Socialists. 

The failure of the Democratic party to elect a majority of the 
members of the General Assembly resulted largely from the inequi- 
table apportionment made by a Republican Legislature about ten 
years ago. 

This unfortunate situation, under which no party controls 
either House on joint ballot, has resulted in delaying the inaugura- 
tion of the State officials for three weeks and has prevented up to 
the present time the election of the United States Senators, placing 
this State in the unfortunate position of being unrepresented in the 
United States Senate after March 4, 1913, unless an arrangement 



DUNNE — JUDGE, MAYOR, GOVERNOR 409 

of some kind is made between two or more of the parties repre- 
sented in the Legislature. 

In this peculiarly annoying situation, the air is full of intrigues 
and combinations, which may end eventually in a scandal and the 
humiliation of the citizens of Illinois. 

In this crisis, I believe it my duty to appeal to the members 
of the Legislature and the public at large, for an open and above- 
board arrangement between the discordant elements of the Legisla- 
ture, which, in my judgment, will commend itself to the patriotic, 
law-abiding and law-respecting citizens of the State and preclude 
the possibility of any intrigue or scandal which might bring the 
fair name of the State into disrepute among the states of the Union. 

In view of the fact that no political party has svifficient votes 
in the Legislature to secure the election of even one United States 
Senator, and the further fact that it is absolutely necessary that this 
deadlock should be broken in a way creditable to the members of 
the Legislature and the State of Illinois, in order that public busi- 
ness may proceed, I would respectfully suggest to the members of 
the Legislature and the people of the State that it would be wise, 
prudent and patriotic for all members of the Legislature who believe 
in the right of the people to advise their representatives by primary 
vote, to meet, irrespective of party, in conference and agree upon 
the two men who have received these large advisory votes of con- 
fidence from the people, to-wit : Col. Jas. Hamilton Lewis and Hon. 
Lawrence Y. Sherman, selecting Col. Lewis for the long term and 
Mr. Sherman for the short term. 

The selection of Col. Lewis for the long term, I believe to be 
tntr duty of the members of the Legislature in view of the fact: 
first, that he received a much larger popular vote than Mr. Sher- 
man ; second, because the Democratic membership of the General 
Assembly is much larger than the Republican membership ; and, 
third, because the Democratic party carried the State by a great 
plurality at the last election. 

In this great crisis, I believe that the welfare of the common- 
wealth demands that the members of the Legislature subordinate 
partisanship to patriotism, that they lay aside their bickerings and 
select as United States Senators; the men chosen by the people of 
the State for these offices ajid proceed with their duties as legisla- 
tors in enacting into law the measures, the advocacy of which 
brought success to the Democratic ticket last November. 

As a Democrat, I would much prefer, were it possible without 
discreditable bargaining and intrigue, to secure the selection of 
two Democratic United States Senators, committed to the support 
of the policies of President-elect Wilson. This much desired solu- 
tion of the present difficulty being now to my mind impossible of 



410 DUNNE — JUDGE, MAYOR, GOVERNOR 

accomplishment, I now advise, after due deliberation, that the set- 
tlement of the senatorial struggle above suggested is the duty of 
the hour and the only safe, sane and honorable solution of the pres- 
ent perplexing situation. Moreover, it is a solution that I believe 
will meet with the approval of the citizenship of the State, irre- 
spective of party. 



DUNNE — JUDGE, MAYOR, GOVERNOR 411 



ON THE DEDICATION OF LINCOLN 

HALL. 

Address at University of Illinois, February 12, 1913, 
Ulr. Chairman, Ladies and Gentlemen: 

1 deem myself peculiarly fortunate in being called upon as 
Governor of this State, at the beginning of my term of office, to 
participate in the ceremonies of this occasion. 

We are here today to announce officially the consummation of 
a great educational edifice and to turn it over to the University of 
Illinois. The ceremony signalizes a great advance in the higher 
educational work of this great university, of Avhich we Illinoisans 
are so justly proud, and at the same time affords us an opportunity 
of unveiling — figuratively speaking — another great monument to the 
first citizen of Illinois, and the greatest philanthropist of his age 
and Nation. 

Like that other great statesman, Thomas Jefferson, who was 
instrumental in founding the University of Virginia, Abraham Lin- 
coln, the great emancipator, was largely instrumental in laying the 
foundation stones of the University of Illinois. 

The same hand that signed the Emancipation Proclamation 
signed the Federal land grant act of 1862, which gave birth to this 
great university. What so appropriate then as that a hall dedicated 
to the study of the humanities of this university should be called 
"Lincoln Hall?" What day so appropriate to christen this hall 
and turn it over to the university as the day that is set apart by 
law to commemorate the name and fame of Abraham Lincoln, the 
best beloved of all the illustrious men given to the Nation by our 
glorious State. Illinois may well be proud of the galaxy of illus- 
trious names which she has emblazoned on the pages of American 
history. 

Statesmen like Douglas, Trumbull, Oglesby, Yates and Alt- 
geld ; soldiers like Grant, Sheridan, Logan and Shields ; jurists like 
Davis, Breese and McAlister have stamped the name of Illinois in 
golden letters on the pages of American history. But great as are 
all these names and deeply as they have left their impress upon 
American history, the name of Abraham Lincoln towers among 
them as that of Illinois' greatest son. Among the illustrious men 
who have been called to the highest position of honor in the Nation, 



412 DUNNE — JUDGE, MAYOR, GOVERNOR 

there are four who, aside from their exalted office, have gone down 
and will go down in American history as colossal figures. Washing- 
ton, the ideal patriot; Jefferson, the ideal statesman; Jackson, the 
ideal fighter; and Lincoln, the ideal humanitarian. 

Let us, then, joyfully and proudly, do honor today to the last 
of these great men Avhom Illinois proudly boasts she gave to the 
world and this Nation, by naming this splendid building "Lincoln 
Hall." 

As Governor of this State, it is my proud privilege, in behalf 
of the State, to turn over the building, now so named, to the presi- 
dent and trustees of the University of Illinois, for the purpose of 
enabling it and them further to advance the cause of the higher 
education which was so near and dear to the heart of Abraham 
Lincoln. 



DUNNE — JUDGE, MAYOR, GOVERNOR 413 



A WASHINGTON REINCARNATED. 

Address to Creve Coeur Club, Peoria, February 22, 1913. 

Mr. Toastmaster and Gentlemen: 

It is customary upon anniversaries like this, in discussing the 
name and fame of an illustrious man, whose memory we gather to 
honor, to attempt to reincarnate the dead, place him in the living 
present, surrounded by the living questions of the day, and decide 
to our own satisfaction what course he would pursue in relation 
thereto. 

Ten days ago I listened with intense interest to the eloquent 
speech of ex-Senator Bailey, in which he pictured the reincarnated 
Abraham Lincoln of 1913, and I was astonished to learn that if 
Lincoln were in the flesh today, he would have been a stalwart 
upholder of the Constitution of our forefathers adopted in 1787. 

Now, my friends, we know that, under that same old Constitu- 
tion of our forefathers, human slavery was tolerated and for three- 
quarters of a century practiced. Bailey's reincarnated Lincoln 
would have vigorously opposed most of the measures of the new- 
born Progressive party, including equal suffrage. 

To my amazement I read next day that Theodore Roosevelt 
had reincarnated the same Lincoln on the same night down East 
somewhere and made that reincarnated Lincoln declare for practi- 
cally all of the National Progressive platform, including woman 
suffrage. Such glaring contradictions clearly prove that Colonel 
Bryan was right when he said, what a man or principle is, depends 
upon the point of view from which it is inspected. I do not pro- 
pose to attempt to reincarnate George Washington on this day, 
justly dedicated to his memory, because, if I did, you would see 
him view^ed through my glasses, which might or might not aid 
your vision. 

I will content myself with calling attention to the fact that 
there is one thing that all historians agree upon in discussing the 
character of Washington. 

They all agree that he was a plain, blunt, vigorous speaking 
soldier, who said what he meant, and who meant what he said. He 
never ostensibly advocated a measure that he in reality opposed, 
or opposed a measure which he really favored. He never chased 
the Devil around the stump. He never became a member of the 



414 DUNNE — JUDGE, MAYOR, GOVERNOR 

society of the "double cross." He knew nothing about the gentle 
art of muddying the waters. He never studied the habits of the 
cuttle-fish, and so never adopted its methods in the politics of 
his day. 

In the politics of the twentieth century, Washington, if rein- 
carnated, would be vulgarly termed a "back number" or a "jay." 

He would have been, on such questions as the initiative and 
referendum or the abolition of the State Board of Equalization, 
either in favor of them or against them. He would not, if squarely 
faced with the issues, have been adroit enough to answer, "I am a 
tax reformer or an advocate of a new Constitution." That, how- 
ever, is the style of politics which prevails today. When a man 
tries to kill a project that he dares not openly oppose, he advocates 
some other harmless project as of paramount importance, in the 
effort to sidetrack the other measure. He muddies the water, and 
tries to muddle the voter. 

This is exactly what is being done in Illinois today. On two 
separate occasions, eight years ago, and two years ago, the people 
of this State voiced their demand at the ballot box for the initiative 
and referendum by a vote of about five to one. 

A Governor, who made that the main issue of his campaign, has 
been placed in office by a plurality of about 125,000. In his inau- 
gural message, he requested the passage of a constitutional amend- 
ment which will enable the Legislature to place the initiative and 
referendum upon the statute book of the State. 

In this juncture, although 746,521 voters of the State voted 
for the two candidates for Governor who were solemnly pledged 
by their respective platforms to this great reform as against 318,469 
voters for the candidate for Governor who straddled the question, 
although the Senate has heretofore voted unanimously for this meas- 
ure, and although 98 out of 145 of the members of the lower House 
were elected on platforms pledging them to the measure, certain 
men, papers and organizations in this State hypocritically raised the 
cry of reform of taxation or revision of the Constitution. Not until 
the fruition of an insistent demand of the people for this reform 
was imminent in the last Legislature was this false and pharisaical 
cry raised by these men, organizations and papers. Now that the 
present administration, and honorable pledge-keeping men in the 
Legislature are endeavoring to keep faith with the people and 
amend the Constitution so as to secure the initiative and referen- 
dum, these hypocritical men, organizations and newspapers again 
lift their pharisaical voices in the demand for revenue reform and 
a new Constitution, 

It is anything to beat the initiative and referendum ; muddy 
the political waters ; drag a red herring across the trail ; yell fire, 
and pick the pockets of the crowds during the crush which follows. 



DUNNE — JUDGE, MAYOR, GOVERNOR ' 415 

These are now the tactics of those who would beat the initiative 
and referendum. 

They know that, under the Constitution, onh^ one amendment 
can be provided for at the present session. "Any old Morgan 
amendment" will do in preference to the initiative and referendum 
amendment ; so they yell for a tax reform amendment. We need 
such an amendment. So did the swimmer whose clothes were stolen 
need a necktie. But he needed much more a pair of trousers. The 
people need the initiative and referendum, much more than they 
need the tax reform. Nine-tenths of the evils we suffer from in 
our tax laws can be cured without a constitutional amendment. 

Abolish the State Board of Equalization, and create an efficient 
tax commission or court that will honestly, impartially and vigor- 
ously enforce the levy of equitable taxation. Under our present 
Constitution, I believe we can collect sufficient additional income 
from the tax dodgers to adequately carry on all the functions of 
government without adding any additional burdens upon the poor 
and middle classes of the State. 

A member of the Cook County Board of Review of Chicago, 
recently made the statement that there were over 1,000,000 tax 
dodgers in Cook County. He ought to know^ ; for he has been in a 
position for many years past where he came in personal contact 
with most of them. 

The existence of tax dodgers elsewhere throughout the State, 
if not to as great an extent, at least to some extent, cannot be ques- 
tioned. Under the present laws and the Constitution, however, 
much of this could be eliminated by a scientific, equitable and vigor- 
ous enforcement of the present laws. 



416 DUNXE — JUDGE, MAYOR, GOVERNOR 



UPON THE ELECTION OF UNITED 

STATES SENATORS LEWIS 

AND SHERMAN. 

Address to General Assembly, March 26, 1913. 

Gentlemen of the Senate and of the House of Representatives: 

I recognize that, hidden under the keen humor of Senator 
Sherman, there was a great deal of truth expressed in the last 
two sentences that he uttered. I recognize that you are both hun- 
gry and thirsty, and that you are tired, as the result of the tre- 
mendous strain inider which you have labored for the last two 
months, and particularly today, and recognizing that he told, in 
his humorous and witty way, the truth, I am going to keep you 
here but a few seconds. 

I simply want to say, my friends, and I call you my friends, 
because your conduct shows, today, that you are acting in the 
interests of the people of this State, and the man who acts patriot- 
ically in the interests of the people of this State, 1 do not care 
whether he calls himself a Democrat or Republican, a Progres- 
sive, or a Socialist, is my friend (applause), that I believe 
you have acted patriotically and consistently, and prudently and 
wisely, in doing the thing that you have done today. 

We all have studied arithmetic, and we all know and have 
known, since we left school, that 97 votes do not make a majority, 
and that a party that has only 97 votes, and that lacks 6 or 7 
votes of a majority, cannot elect a Senator to the United States 
Senate, without receiving votes from some other party, and there- 
fore I thought, three weeks ago, after I had spent three weeks 
here in the vain and fruitless effort to secure two United States 
Senators of the Democratic party from this State (and I think 
I am as intensely Democratic as any member in this Assembly) 
I reached the conclusion, that we were trying to do the impos- 
sible thing, and that it would be fair and just to present some 
sort of a proposition to the membership of this Joint Assembly, 
and to the whole people of this State, that would meet with popu- 
lar approval because it was just and fair and reasonable, under 
the circumstances ; and therefore, not only as a Democrat but as a 
citizen, and as the executive of this State, I thought it wise to take 
the people of this State into our confidence, gentlemen, and to 



DUNNE — JUDGE, MAYOR, GOVERNOR 417 

propose a solution of this situation that was sane and just, and 
prudent, and I congratulate you that after reflection — I congratu- 
late you, my Republican friends — after three weeks' reflection; 
and I congratulate my Democratic friends, that after reflection of 
three weeks, they have seen that this is the wise and the prudent 
thing to do ; and I think that I can safely predict that over ninety- 
five per cent of the people of this State, no matter what their 
political affiliations may be, will approve the settlement you have 
reached, upon honorable terms, this day, without dicker and 
without trade, openly and above board, honorably and decently. 
I congratulate you upon the result, my friends, of the break- 
ing of this agonizing and unfortunate deadlock, that was delay- 
ing the legislation demanded by the people of this State ; and now 
that it is- dissolved, let us get to work, my friends, no matter what 
party you belong to, and put upon the statute books of this State 
the laws that the people demand.. 



—14 



418 DUNNE — JUDGE, MAYOR, GOVERNOR 



MAKING TWO BUSHELS GROW WHERE 
ONE GREW BEFORE. 

Address to Farmer Boys, March, 1913. 

3Iy Young Farmer Friends: 

I have never had the honor of addressing a strictly agricul- 
tural meeting, and I consider it a high privilege to be here today, 
among men and boys engaged in so useful an enterprise as modern, 
efficient and scientific farming. I want to become better acquainted 
with you and your interests. I am informed that the members of 
the Top Notch Farmers' Club have produced one hundred or more 
bushels of corn to an acre and that some of you have raised as high 
as one hundred and eighty bushels to the acre. This is an achieve- 
ment of which any man, no matter how high his position in life, 
could be proud; for the man who makes two blades of grass grow 
where only one grew before, is greater than he who conquers an 
empire. 

What shall we say then of the boy or the man who makes three 
blades grow where only one grew? 

In 1912, in this central Illinois, the famous cornbelt of the 
world, the average yield of corn was only thirty-nine bushels to the 
acre, for the 3,099,754 acres planted. The average price of this 
corn on December 1, 1912, was 39 cents per bushel, making the total 
value of the crop $47,362,474. The estimated cost of this crop was 
$28,574,482, leaving of a profit to the growers of $18,832,806. 

Here in your own county of Sangamon, you planted 100,000 
acres of corn and harvested 3,400,000 bushels, an average of only 
thirty-four bushels to the acre. The farmer boy who raised 100 
bushels to the acre, therefore, made three blades grow where only 
one grew. He increased the money value of his crop from $13.26 
to $39.00 per acre. Had the average yield in this cornbelt been 
100 bushels to the acre, and the December 1 price the same, the 
total yield would have been 309,957,400 bushels, worth $121,000,000, 
against 121,000,000 bushels worth .$47,000,000. 

We have here only the dollars and cents result of making two 
or three blades grow where one grew. There are possibilities in 
other directions equally as great. Such luxuriance of nature means 
greater beauty, sweeter home environment, reduction of the sum of 
poverty'', the elevation of the individual standard of life, the better- 



DUNNE — JUDGE, MAYOR, GOVERNOR 419 

ment of community existence and ideal, turning of the tide now 
cityward back to the country. 

In good agriculture — I will not say scientific agriculture — the 
farmer of today contends with less competition than confronts any 
other business. 

Here sit about me some fifty young men who have raised each 
100 or more bushels of corn to an acre, representing fifty acres out 
of 100,000 acres in Sangamon County, producing 100 bushels each. 
Is there any reason why the other 99,950 acres cannot do as well on 
an average ? Is there any reason why they should not ? Is not the 
country and the world calling for more bread, more meat, more of 
all products that come from the farm ? 

The call of today is the call of the city. Our young people are 
flocking in armies to the cities and towns to congest the already 
congested streams of professional, industrial and mercantile life. 
They are, by their competition, cutting down average earnings and 
lessening opportunity. The problem of the period, reduced to 
its elements, is the young man and the young woman stranger in 
our cities. Life is harder, life is more severe, life is more un- 
certain, life is more unwholesome and impure in these centers of 
population, because they cannot receive and assimilate the on- 
rushing flood of youth who are pouring from their natural envi- 
ronment into an unnatural environment. 

Meanwhile in the country lies neglected opportunity. The 
appeal of the country is drowned in the mad call of the city and 
no ear heeds it. Allurement of promised fortunes in the city blind 
the eye to the gold glittering in every ear of corn. The smoke, 
grime, dirt, heat and sweat of toil of the city seem to fascinate 
and draw with irresistible power our youth from the sweetness and 
wholesomeness, the comforts and the joys of life in the free, open 
air, for a full breath of which there is no greater elixir. 

The young man who neglects so great an opportunity as coun- 
try life presents today — the young man who turns his back upon 
the farm to face the terrific battle of city life, little realizes his 
mistake ; it is almost a crime of self obliteration. The lad who 
sticks by the farm home, each year finds his task easier, his op- 
portunities wider and his way to fortune less crowded and less 
obstructed by competitors. 

Good agriculture means a highly profitable business. It 
means likewise that an education in a science can be obtained 
without loss or expenditure of time and money. Each lesson 
becomes available at once and turns up from the soil its harvest 
of dollars. 

One may not become an engineer by digging in the ditch, nor 
an astronomer by peering at the stars, nor a physician by reading 
materia medica. But for the farmer to become an expert farmer, a 



420 DUNNE — JUDGE, MAYOR, GOVERNOR 

scientific farmer, if he will, the way is comparatively easy. He 
develops as he lives and works, adding daily to his knowledge and 
his facilities. We have our colleges of agriculture with their labo- 
ratories and experimental farms. It is characteristic of these insti- 
tutions and of this science that the results of their experiments can 
be stated in simple, plain terms, understandable by all. The boy 
bred to the land may understand many of these truths and put them 
to practical use while in his teens. All that these institutions learn 
by research and experimentation is at once set down in simple 
English and distributed throughout the land. Through agricul- 
tural publications, popular magazines and daily newspapers this 
information is spread over wide areas and any tiller of the soil may 
avail himself of it almost without cost. He can use it and profit by 
it if he will. It is through such means that you have learned how 
to raise one hundred bushels of corn to the acre. Every other 
land owner or tenant enjoys the same opportunity to learn and 
to produce. 

So I say agricultural life presents an opportunity for clean 
existence, for a livelihood and decent fortune, without destructive 
competition. It presents untold possibilities in monetary rewards. 
It offers a training and education. You enjoy in your rural homes 
more of our modern comforts and conveniences, such as the tele- 
phone, interurban cars, free delivery of mail, electric light, hot 
and cold water, sewerage systems, than the city population, in 
proportion to its numbers, enjoys. In short agriculture is, today, 
of all occupations, an occupation of respectability, of opportunity, 
of the gentleman and the scholar. 



DUNNE — JUDGE, MAYOR, GOVERNOR 421 



COMMUNICATION ON *TISH AND 
GAME." 

Message to Forty-eighth General Assembly, April 23, 1913. 

Gentlemen of the Forty-eighth General Assembly: 

An investigation of the Fish and Game Departments of the 
State Government, made at my direction by the State Civil Ser- 
vice Commission, lias shown a condition to exist of waste and 
extravagance in the expenditure of public money, coupled with 
almost utter failure properly to enforce the Fish and Game Law^s 
and a serious neglect to conserve great natural resources of the 
State. 

The extent of the public wealth in the Illinois River fishing 
grounds is not generally known. It is estimated tliat the value of 
fish yielded by the river, which, in 1908, according to census re- 
ports, was $900,000.00, has increased to more than $1,500,000.00 
annually. The value of the game which the State laws seek to 
protect is also great, though incomparable with the fish product 
commercially. In the great fishing grounds of the Illinois the 
State has a natural resource wdiicli will increase in value tremend- 
ously as food prices become higher and which should be conserved 
by wise laws firmly and impartially enforced. Our present laws 
are not enforced. Owing to this, the destruction of commercial 
fish has reached a scale that is alarming. Unless it is permanently 
checked the Illinois River will eventually cease to be a great 
natural asset. There is also need of some intelligent effort di- 
rected by scientific minds to provide spawning grounds and fish 
hatcheries which will insure the continuance of the fish supply, 
and this need the present system makes no attempt to meet. 

Immediate and radical action is required to reorganize both 
the Fish and the Game Departments on a basis which will insure 
enforcement of the laws and protection of our valuable game and 
fish. In my judgment this can best be accomplished by the con- 
solidation of the two departments and the creation of a Game 
and Fish Conservation Commission, with authority to appoint 
wardens who shall have jurisdiction in the enforcement of all laws 
relating to both subjects. In practically every other state of the 
Union such consolidation was long ago efi^ected and it is my opin- 
ion that the same consolidation should take place here. 



422 DUNNE — JUDGE, MAYOR, GOVERNOR 

Not only will such consolidation effect a substantial saving in 
money but by reorganizing the system of wardens and deputy 
wardens, by disposing of the expensive and impractical fish boat, 
the Steamer Illinois, and substituting inexpensive and useful 
launch patrols, and by abolishing the game farm at Auburn or 
conducting it in an economical manner for the propagation of 
game birds which may add to the natural wealth of the State, the 
money which is expended can be made to accomplish a great 
amount of real good where now it accomplishes little or nothing. 

As organized at present, the Game Department consists of a 
game commissioner, Avho is paid $4,700.00 a year, including all of 
his various salaries and allowances ; sixteen district game war- 
dens, who are paid $75.00 a month and expenses ; 100 deputy 
wardens, who are paid $2.00 a day and expenses, and special dep- 
uty game wardens without compensation except for a share in 
fines which they may have imposed. I am reliably informed there 
are in the neighborhood of 500 of these special deputies in Cook 
County alone. 

The Fish Department consists of a commissioner and chief 
warden, who is paid $175.00 a month and expenses in this dual 
capacity ; two commissioners, who are paid $100.00 a month and 
expenses ; seven district fish wardens, who are paid $75.00 a month 
and expenses, and forty-five deputy fish wardens, who are paid 
$2.00 a day and expenses. 

In the report of the Civil Service Commission, facts are cited 
which raise grave doubt as to whether the employes in either of 
these departments give any efficient service to the State. Further 
facts rgarding failure to enforce laws, waste of money in the 
game farm and on the fish boat, prevalence of fraudulent per 
diem claims and exiDense accounts, and the entire absence of any 
intelligent and constructive effort to conserve the public wealth 
in either fish or game, are given in detail in the report of the 
Civil Service Commission and in the reports of audits of these 
departments conducted under the direction of the State and De- 
partment Aviditor, all of which are herewith transmitted. 

I recommend that a bill be passed abolishing both Fish and 
Game Departments as they now exist and substituting therefor a 
Game and Fish Conservation Commission, to be composed of three 
commissioners, the president to be the executive officer and to be 
paid $5,000.00 a year, and the remaining two commissioners to 
be persons of scientific attainments, versed in the biology of fish 
and game, to be paid $2,500.00 a year each. 

I recommend that under the direction of this commission a 
force of six wardens at $1,500.00 a year each and sixty depiTty 
wardens at $1,200.00 a year each shall be employed continually in 



DUNNE — JUDGE, MAYOR, GOVERNOR 423 

the enforcement of the conservation laAvs, and that in such sea- 
sons as extra service is required, not more than sixty deputy- 
wardens may be appointed temporarily at $100.00 a month each. 
I recommend further that in adopting the bill for such re- 
organization and consolidation, particular attention shall be given 
to the drafting of wise and effective measures for the conserva- 
tion of commercial fishing as well as for the protection of the 
interests of sportsmen, and that in consideration of these meas- 
ures the advice of scientific experts shall be consulted. 
Respectfully submitted, 

E. F. Dunne, Governor. 



424 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE PROGRESS OF THE INITIATIVE 
AND REFERENDUM. 

Statement to the Public, May 2, 1913. 

The resolution providing for the initiative and referendum 
has already passed the Senate and has been reported for passage 
by the Judiciary Committee of the House. 

Under Article IV of the State Constitution, relating to the 
legislative department, as now phrased, the right to initiate and 
veto laws is not reserved to and by the people of Illinois. 

For more than eight years the people of this State, following 
precedents set by other republics and fourteen sister states of 
the American Union, have been insistently demanding the right 
to legislate directl}^ for themselves by the initiative, and the right 
to veto legislation, passed by the Legislature, contrary to the 
wishes of the people, by the referendum. Twice within the last 
eight years, the people of Illinois, by overwhelming votes at the 
ballot box, in the ratio of about five to one, have manifested an 
urgent desire for this great reform. Their demand is insistent 
and just, and has been too long denied. 

With the control given to the people over legislation by the 
possession of the initiative and referendum, corruption in the 
Legislature would, practically, be eliminated and all laws, finally 
enacted either by the Legislature or by direct vote of the people, 
would truly express the will of the people. 

This control of the law-making power by the people them- 
selves can only be secured by amending Article IV of the Con- 
stitution, so as to give to the people the right, by popular petition, 
to originate legislation under the initiative, and to veto legis- 
lation by the referendum. 

I confldently hope that, at this session of the Legislature, the 
bill, already passed in the Senate and now pending in the House, 
to amend Article IV of the Constitution, so as to secure the 
"right of direct legislation by the people themselves, upon a 
petition of eight per centum of the voters voting at the last gen- 
eral election, and to secure the rights of veto in the people, by 
requiring submission to the people of any law or laws, passed 
by the Legislature, for their approval or disapproval, upon the 
filing of a petition of five per centum of the voters voting at the 
last general election," will be passed. 



DUNNE — JUDGE, MAYOR, GOVERNOR 425 

In my campaigu for Governor, the initiative and referendum 
was urged by me as one of the most vital and pressing issues oi 
the campaign, and, in my judgment, my plurality of approxi- 
mately 125,000, was largely the result cf the persistency with 
which 1 pledged myself in favor of the adoption of this great 
reform. In the late gubernatorial campaigu, the initiative and 
referendum was one of the main planks in the platform of the 
Democratic party. My vote for Governor Avas 443,120. Like- 
wise it was one of the main planks in the platform of the Progres- 
sive party. Mr. Funk, the Progressive party's candidate for 
Governor, received 303,401 votes. It was a plank in the platform 
of every party except the Republican, and it was a plank in the 
platform of the Republican party four years ago. 

In the late election the Republican candidate for Governor, 
Charles S. Deneen, received 318,469 votes. The other candidates 
for Governor in the same campaign, who urged the adoption of 
the initiative and referendum, received a total of 844,411 votes. 
The candidate for Governor who did not urge the adoption of the 
initiative and referendum received only 318,469. These ilgures 
speak for themselves. 

The people have demonstrated, in no uncertain terms, three 
times at the ballot box, that they desire this reform crystallized 
into law, and I say again that, in my judgment, it was mainly 
upon this issue that I was elected Governor of this State. 

The Senate has done its duty and passed the resolution for 
this measure by an almost unanimous vote. The matter has been 
reported favorably in the House of Representatives by the Judi- 
ciary Committee. Within the next few days, thfe House of Repre- 
sentatives will vote upon the measure. I believe all friends of 
good government in the House of Representatives, all those Avho 
believe in the right of the people to rule, all those who believe in 
respecting the will of the people, as expressed at the ballot box, 
will vote for the resolution now pending, that the measure most 
strongly advocated by this administration and, through the advo- 
cacy of which, the Governor of this State rolled up such a signi- 
ficant plurality, may be enacted into law. 

Ohio adopted this great reform in its constitution, adopted 
last year. Let the State of Illinois, at the thrice-expressed man- 
date of the people, do the same at this session of the Legislature. 
Let us be loyal to the will of the people expressd at the polls. 



426 DUNNE — JUDGE, MAYOR, GOVERNOR 



ADDRESS IN COMMEMORATION OF 

THE lOOTH ANNIVERSARY OF THE 

BIRTH OF STEPHEN A. 

DOUGLAS. 

Address to Forty-eighth General Assembly, April 23, 1913. 

Gentlemen of the Senate, Gentlemen of the House of Bepresentfi- 

tives, Ladies, Fellow Citizens of the State of Illinois: 

1 have been honored by the Committee on Arrangements, rep- 
resenting the Joint Assembly, in being asked to preside over this 
memorable meeting. 

One hundred years ago, in a little village in Vermont, there 
was born a man, who, when he arrived at the years of manhood, 
made his home in the State of Illinois, and who, from the time 
when he came to this State, until the time of his untimely death in 
1861, was one of the great intellectual leaders, not only of the 
State of Illinois, but of the United States of America. 

Jn the political struggles which attracted the attention not 
only of this State, but of the whole United States, he became one 
of the great moving figures, and in his intellectual combats with 
another great Illinoisan, Abraham Lincoln, he riveted the atten- 
tion of the whole of the United States upon the issues of his day. 

These two great sons of Illinois became so prominent in the 
political life of the United States that they were both nominated 
for the highest executive office in the gift of the people of the 
United States, and after a most memorable struggle, Abraham 
Lincoln, his competitor, was elected President of the United 
States. 

At this juncture this Nation was faced with a situation full of 
peril, if not complete extinction, and upon that great occasion the 
man whose name we noAV meet to commemorate, proved himself 
a patriot among patriots, and next to Abraham Lincoln, himself, 
did more for the preservation of the integrity of the United States 
than any other man within its confines. 

You are exceptionally fortunate, my friends, in being ten- 
dered an intellectual treat this afternoon ; and in view of the fact 
that there are so many eminent, and so many eloquent speakers 
here today, I shall confine myself, from this time on, to the pleas- 
ant duty of introducing to this audience these distinguished 
gentlemen. 



DUNNE — JUDGE, MAYOR, GOVERNOR 427 



SEEKS HELP FOR PEOPLE IN THE 

FLOODED DISTRICT ON OHIO 

RIVER. 

Message to Forty-eighth General Assembly, May 7, 1913. 

Gentlemen of the Forty-eighth General Assemhly: 

I beg to transmit herewith reports of Frank S. Dickson, the 
Adjutant General, and Amos Sawyer, Acting Secretary of the 
State Board of Health, covering the protective, rescue, relief and 
sanitary work of the State in the flooded territory on the Ohio 
River. 

These reports evidence at once the absolute necessity and the 
thoroughness and extent of the relief work. I invite your atten- 
tion to the fact that in carrying on this work there were on active 
duty, twenty-four companies of the Illinois National Guard and 
three divisions of the Illinois Naval Reserve, rendering coura- 
geous and effective service in protecting levees, building bulk- 
heads, filling and placing sandbags,, and carrying relief to dis- 
tressed persons. 

Help Avas given to thousands of our citizens in thirty-one 
flooded sections through the establishment of twenty relief sta- 
tions, from which food, clothing and tents were issued by methods 
which conserved the interests both of the State and of those 
organizations, societies and individuals that so generously for- 
warded aid, and which also fully met the equitable requir"ments 
of the flood sufferers. 

The relief and sanitary work were so coordinated as to be 
doubly efl'ective. I feel no stronger evidence may be presented of 
the dispatch and thoroughness with which their duty was per- 
formed by those having this work in charge than the statement 
that in the wide extent of devastation all possible disease epidem- 
ics were anticipated ; no man, woman or child was permitted to 
suffer from hunger, or left without clothes or shelter ; and not a 
single life was lost in the rising waters. 

I am satisfied that the prompt and effective action of the 
State authorities in this matter prevented the loss of millions of 
dollars worth of property belonging to the citizens of Illinois. 

The cost to the State is presented in the itemization prepared 
by the Adjutant General and transmitted in connection herewith, 
which may be summarized as follows : 



428 DUNNE — JUDGE, MAYOR, GOVERNOR 

Expenditures for protective, rescue, relief and sanitatioti i]i 
connection with the refugees, $65,118.99. Of this amount, item- 
ized bills in the sum of $45,118.99 are in the hands of the Adju- 
tant General, the remaining $20,000.00 being a carefully prepcired 
estimate of the outstanding indebtedness, based upon computa- 
tions of the different matters for which bills have not been re- 
ceived. I have received from various sources, voluntary dona- 
tions, approximately $15,500.00 in flood relief subscriptions. The 
residue of this fund is approximately $13,600.00, leaving a balance 
of approximately $52,000.00 at present unprovided for. 

Expenditures connected with the active service of the Illinois 
National Guard and Illinois Naval Reserve on flood duty v.ere 
$81,647.68. The balance in the emergency fund at the inception 
of the flood was $23,356.56. This balance has been exhausted 
and there is an unpaid liability of $58,291.12. 

I recommend that a bill be passed appropriating $52,000.00 
or so much thereof as may be necessary for the purpose of defray- 
ing the indebtedness incurred on the part of the State in furnish- 
ing relief to flood sufferers, 

I recommend the passage of a bill appropriating to the emer- 
gency fund of the Illinois National Guard and Illinois Naval 
Reserve, $58,291.12 to defray liabilities contracted by reason of 
the necessary use of the military and naval force in the protection 
of life and property in the flooded territory. In view of the 
fact that the liability above indicated has been contracted and 
is now unpaid, it is respectfully urged that the bills be passe-"! 
with emergency clauses attached. 
Respectfully submitted, 

E. F. Dunne, Governor. 



DUNNE — JUDGE, MAYOR, GOVERNOR 429 



INITIATIVE AND REFERENDUM. 

Message to Forty-eighth General Assembly, June 5, 1913. 

To the Honorable, the House of Representatives of the Forty- 
eighth General Assembly: 

In my candidacy for Governor, I sought election upon a decla- 
ration of principles, among which the Initiative and Referendum 
was the most vital and important part. 

A very great majority of your Honorable Body, as well as 
myself, were elected upon the pledge that we would incorporate 
such an amendment into the Constitution of this State. 

The question of the adoption of the resolution providing for 
the Initiative and Referendum comes up today before your Hon- 
orable Body. If adopted by your vote, the proposed amendment 
to the Constitution is again submitted to our constituents — the 
people of this State — for their final acceptance or rejection. 

In view of the thrice-recorded vote of the people at the polls 
in favor of the principles of the Initiative and Referendum I re- 
spectfully, but earnestly, submit that we ought to obey the ex- 
pressed will of the people and adopt the resolution providing 
for this great reform. 

Thus we will place it within the power of the people finally 
to adopt or reject this proposed amendment to the Constitution 
and thus we will redeem the pledges we have made to the people. 
Respectfully, 

E. F. Dunne, Governor. 



430 DUNNE — JUDGE, MAYOR, GOVERNOR 



HIS ATTITUDE TOWARDS THE UNI- 
VERSITY OF ILLINOIS. 

Statement to the Public, June 7, 1913. 

In view of the fact that certain anonymous, false and other- 
wise misleading pamphlets have been circulated throughout the 
State tending to create the impression that the Governor and the 
chairmen of the Appropriation Committees of the Senate and 
House of Representatives were endeavoring to cripple financially 
the University of Illinois or subject the university to inconven- 
ience in the management of its financial affairs, I make this state- 
ment to the public in order that it may know exactly what the 
situation really is. 

For many years past the University of Illinois has been draw- 
ing its finances from the State treasury out of the appropriations 
made by the Legislature in bulk sums upon requisitions signed 
by the treasurer of the board of trustees of the university at- 
tested by its secretary. The drafts drawn the last two years 
have been in the following amounts and .upon the dates indicated : 

STATISTICS OF DRAFTS. 

August 5, 1911, to H. A. Haugan, treasurer, $408,230.26. 
October 31, 1911, to H. A. Haugan, treasurer, $322,025.00. 
November 17, 1911, to II. A. Haugan, treasurer, $40,000.00. 
December 2, 1911, to H. A. Haugan, treasurer, $16,206.56. 
January 12, 1912, to H. A. Haugan, treasurer, $314,625.00. 
April 15, 1912, to H. A. Haugan, treasurer, $541,825.00. 
May 1, 1912, to H. A. Haugan, treasurer, $300,000.00. 
July 2, 1912, to H. A. Haugan, treasurer, $65,000.00. 
August 1, 1912, to H. A. Haugan, treasurer, $418,057.96. 
January 8, 1913, to H. A. Haugan, treasurer, $492,125.00. 
January 31, 1913, to H. A. Haugan, treasurer, $466,133.08. 
February 5, 1913, to H. A. Haugan, treasurer, $210,000.00. 

The sums so drawn from the State treasury have under the 
old system been deposited with the local treasurer of the uni- 
versity and used to pay university bills. The bills or vouchers 
so paid under the old system were then sent to the Governor's 
office after payment, to be approved in the Governor's office. 



DUNNE — JUDGE, MAYOR, GOVERNOR 431 

These bills ran far up into the thousands and the moneys 
represented thereby aggregate millions. 

Under the system which has been followed in past years, the 
Governor has thus been compelled to pass upon and approve, in 
round numbers, fifty thousand vouchers each biennium aggregat- 
ing approximately three and a half million dollars. The Gover- 
nor has been required to approve these vouchers three or four 
months after the expenditures are made and at a time when his 
refusal to approve a single item would stop the payment of any 
and all moneys of the university by the State Treasurer. 

Under the old system the Governor was placed in the attitude 
of perfunctorily approving hundreds of thousands of dollars' 
worth of vouchers long after the money had been spent. 

The Governor has been advised by expert accountants, and so 
believes, that this method of doing business in so far as it com- 
pels the Executive to pass upon paid vouchers perfunctorily, is 
ridiculous and absurd. The Governor, therefore, upon confer- 
ence with the State Auditor and Chairman of the Appropriation 
Committees has asked that this absurd and unsatisfactory system 
be changed. 

The Governor is insisting that money drawn by the univer- 
sity shall be upon itemized vouchers approved by the board of 
trustees of the university, then presented to the Auditor of 
Public Accounts, whose duty it is to audit all vouchers in the 
same manner as is followed by other public institutions of the 
State and then paid by the State Treasurer. 

In the false and misleading pamphlets the statement is made 
that the Governor demands the right to approve or disapprove 
vouchers for the university expenditures in advance of payment. 

The Governor does not desire or demand that he be permitted 
to approve expenditures of the university, either before or after 
the vouchers are paid, but he does insist that, if he be called upon 
by law or procedure to pass upon the vouchers, that these vouch- 
ers shall be submitted to him before the moneys are paid when 
approval or disapproval would be of some effect. 

The Governor is desirous that lie shall he relieved of the respon- 
sitility in the matter of approving these vouchers and that the l)0\ard 
of trustees of the university shall perform the duty, and that when 
they have approved the vouchers that the Auditor of Piihlic Ac- 
counts shall audit these vouchers before payment hy the State 
Treasurer. 

The pamphlet entitled, ''State of the Proposals," sent out 
from the university creates an entirely false and erroneous im- 
pression. The Governor is in favor of absolutely divorcing the 
University of Illinois from politics. The claim is made that the 



432 DUNNE — JUDGE, MAYOR, GOVERNOR 

Governor is in favor of taking the fees earned by the students 
and to "confiscate it to the State treasury." 

The Governor is willing and favors the reappropriation to 
the University of Illinois of all of its revenue, of all Federal 
funds, of all gifts, donations, trust funds, etc., made by private 
individuals, alumni and others. 

Certain individuals, apparently, have been attempting to 
create the impression tliat the Governor and the Chairman of the 
Approprintion Committees are attempting to handicap the Uni- 
versity of Illinois by changing its financial system. 

On the other hand, the Governor and the Chairman of the 
Appropriation Committees are in favor of doing everything pos 
sible to bring about a greater efficiency in the university and 
only are asking that the appropriations made for the university 
remain in the hands of the State Treasurer to be paid out on 
itemized vouchers, approved by the university trustees and 
audited by the Auditor of Public Accounts instead of, as has 
been th^ custom in the past, permitting the university to deposit 
the moneys of the university in the hands of a local treasurer and 
compelling the Governor to approve vouchers long after they 
have been paid. 



DUNNE — JUDGE, MAYOR, GOVERNOR 433 



VETO OF SO-CALLED KLEEMAN BILL. 

Message to Forty-eighth General Assembly, June 16, 1913. 

To the Honorable, the House of Representatives of the General 

Assembly of Illinois: 

I return herewith, ■without my approval, House Bill No. 38. 
This bill authorizes the Sanitary District of Chicago "to con- 
struct a public harbor so far as feasible within the meander lines 
of Lake Calumet, Cook County, not less than 500 acres in extent." 

It authorizes the said district "to build permanent retaining 
walls around said basins and slips." 

It authorizes the said district further "to operate wharves, 
docks, levees, elevators, warehouses, vaults, disposal stations, 
reduction plants, terminal railroad tracks and other terminal 
facilities." 

It authorizes the district to build "connecting channels be- 
tween said harbor basis and the Calumet River, Calumet Harbor, 
Lake ]\Iichigan and other waterways in or adjoining the Sanitary 
District" when required in the judgment of the corporate au- 
thorities of the said Sanitary District, and the district is re- 
quired, after making such connections, "forthwith to build suit- 
able bridges across such waterways." It provides that the ripar- 
ian rights of the owners of property adjoining the lake shall not 
be affected without making just compensation therefor. 

It further authorizes the Sanitary District to acquire by pur- 
chase, condemnation or otherwise, so much land as may be re- 
quired for use by the Sanitary District of Chicago to afford facil- 
ities for railroads connecting with said harbor. 

It will be seen from the above that the rights given to the 
Sanitary District are far-reaching in their nature, and if this 
bill were permitted to become a law an enormous burden might 
be imposed upon the taxpayers of the Sanitary District of 
Chicago. 

In view of the enormous powers so given, I deem it unwise 
to approve this bill until a concrete scheme is formulated, the 
cost of same to be approximately ascertained so that the tax- 
payers of the district might know what their burden in the future 
would be. 



434 DUNNE — JUDGE, MAYOR, GOVERNOR 

The excavating of 500 acres iu the lake aud the necessary 
connections from such excavation to the Calumet River at tlie 
soutli of the hike, and docking the same vv^ith timbers, I have as- 
certained, from careful investigation, would alone cost over three 
million dollars. What it would cost to acquire the riparian 
rights of the owners of property around Lake Calumet to build 
connecting waterways with Lake Michigan and other waters and 
the building of bridges thereover, I have not been able to ascer- 
tain, but it might run into enormous figures. 

To extinguish the riparian rights of the owners of property 
surrounding Lake Calumet would require the expenditure of 
more moneys. 

In ray judgment, as the location of a harbor in Lake Calumet 
would tend to increase much in value the properties surrounding 
the lake, the owners thereof should be compelled, before locating 
any such great enterprise in that neighborhood, to release and 
quit-claim all such riparian rights before such an undertaking 
is entered upon. 

In the absence of a formulation- of a concrete scheme which 
would show at least approximately the cost of the proposed enter- 
prise, and in the absence of any showing that the owners of the 
property surrounding Lake Calumet are willing to relinquish 
and convey their riparian rights, I deem it my duty, in the in- 
terests of the taxpayers of the Sanitary District, to veto this 
bill. Accordingly, I withhold my approval of the same and re 
turn same to you without my approval. 

Respectfully submitted, 

E. F. Dunne, Governor. 



DUNNE — JUDGE, MAYOR, GOVERNOR 435 



FAVORS PRINCIPLE OF RELIEF TO 
PARENTS OF DESTITUTE CHIL- 
DREN LAW. 

Statement to Good Housekeeping^ June 16, 1913. 

In response to your inquiry, relative to home aid for dependent 
children in Illinois, I beg to state that I am in full accord with this 
law and consider the principles it inculcates are fundamentally sane 
and sound. 

The law, though somewhat crude and incomplete, has worked 
out well in Illinois and with some changes will place the dependent 
child problem in our State on an entirely new basis. 

The motive back of the passage of this law, I consider, contains 
all three elements mentioned in your letter. It is not only based 
on humanitarianism and sympathy, but, in the course of time, will 
prove to be a good business investment for the State. 

That a mother should be required to part with her offspring 
simply because of poverty or adverse circumstances over which she 
has no control, is nothing short of an outrage, and should not be 
tolerated in any civilized country ; nor is the crime much less when 
the child must be recorded as a dependent in order to enable the 
mother to procure the needed help. 

A bill has just passed the Senate and doubtless will become a 
law, eliminating the necessity of the child being tried and found 
dependent. If, after careful investigation, the mother is found to 
be needy, by due process, without the child being recorded as a 
dependent, she may receive a suitable compensation, enabling her 
to remain at home and care for her child or children. While these 
cases come within the jurisdiction of the Juvenile Court, the 
mother's pension law should be separate and distinct from the so- 
called Juvenile Court law and under the provisions of the bill now 
pending it is made so, while the interest of the State and the chil- 
dren are, in our opinion, safeguarded, the home being under strict 
supervision of a competent probation officer with penalties fixed 
for violation of the law\ 

The present law providing home aid for dependent children 
has grown in favor and wherever put in practice has continued. 
A number of counties outside of Cook, where the law has become 
most popular because of good results achieved, are putting it to 
practice with equally good results. 



436 DUNNE — JUDGE, MAYOR, GOVERNOR , 

Hon. Arthur D. Deselm, county judge, Kankakee County, in 
his report for June, 1912, to the Board of Administration, of chil- 
dren placed during the quarter shows that twenty-three children 
were found dependent; of these, one was placed in a foster home, 
three sent to an institution and nineteen were pensioned. I have 
just been informed by the judge that the work has proven a great 
success and decidedly helpful in lessening pauperism in his county. 
The enactment and proper enforcement of this law gives both the 
mother and the child a square deal. 

In Illinois, contracts are often made by boards of supervisors 
with institutions to take their dependent children for a stipulated 
price ranging from $25.00 to $50.00. The argument often presented 
to the board is that it is cheaper to dispose of the child in this way 
than to attempt to keep it in the county. There will be less need 
for the signing of such contracts when the mothers' pension law 
becomes the universal practice, which is bound to be the case sooner 
or later. If this law is properly enforced, you are correct in assum- 
ing that it is cheaper to pay the pension to the mother than to put 
this class of children in an institution. One case in question, and 
there are numerous others that have come to me within the past 
few weeks as a result of the work of certain child-saving societies, 
is worthy of consideration. Three little girls because of the poverty 
of their mother were placed with an association for temporary care ; 
one of these had recently been taken from the mother's breast. She 
signed the contract that, if she was financially able to care for the 
children, they would be returned to her in three months ; she failed 
in her attempt ; the children were scattered and the mother died, her 
death being supposedly hastened because of her grief. Later an 
appeal was made to the department of visitation of children and, 
after several weeks of earnest search, the three sisters were found 
and reunited in a state outside of Illinois. Other institutions in the 
State are at the present time receiving and disposing of children on 
the same conditions. This law, properly executed, will relieve the 
State of this diabolical practice and insure to the poor mother the 
sacred right of rearing her own child or children. We unhesitat- 
ingly recommend the law and are confident that very soon each state 
in the Union will have such a law fully enforced for the protection 
of this class of poor, deserving mothers and their children. 



DUNNE — JUDGE, MAYOR, GOVERNOR 437 



STATEMENT OF GOVERNOR DUNNE 
REGARDING PUBLIC UTILITIES, 

(House Bill 907.) 

State of Illinois, 
Executive Department, 
Springfield, III., June 30, 1913. 

To the People of Illinois: 

Satisfactory control of public service corporations is manifestly 
necessary. No one will dispute the accuracy of this statement. 

Such control by a commission should be given every reasonable 
trial in this State. If that fails, all will concede, there is no alterna- 
tive but public ownership. A public ownership law has just been 
passed by the Legislature at my request. 

Public utility legislation, I believe, is no longer in the experi- 
mental state. It has been adopted by the states of New York, New 
Jersey, Massachusetts, Oregon, Wisconsin, Ohio, Indiana, Califor- 
nia and other states, some twenty in all, and with results that have 
proved satisfactory to those communities. The public utilities bill 
in the form in which it comes to me for approval, notwithstanding 
that there has been eliminated from it certain home rule provisions, 
which I earnestly supported and tried to have placed in the act, is 
in many respects the best measure of its kind that has found its way 
into the laws of a state. It is elastic ; it is workable ; it provides 
ample authority for a Public Utilities Commission, when appointed, 
to deal efficiently with all problems it may undertake. It is in my 
judgment better than the Wisconsin law which has been regarded 
as a model in that it eliminates two questionable features of that 
law, to-wit : first, giving the commission control of public owned 
utilities, and, second, giving private corporations indeterminate 
franchises. 

The Democratic State platform of 1912, upon which I was 
elected to the office of Governor, said : ' ' AVe demand enactment of 
legislation creating a commission that will consolidate supervision 
and control over public service and public utilities corporations, 
that unjust and intolerable practices shall cease. ' ' 

The Republican State platform of 1912 said: "We favor the 
enactment of public utilities legislation that will place all railroad, 



438 DUNNE — JUDGE, MAYOR, GOVERNOR 

telegraph, telephone, electric light and power companies, street rail- 
ways, distributors of gas, express companies and common carriers 
of all kinds under the control of a commission or commissions having 
authority over the issuance of stocks and bonds, the fixing of valua- 
tion of plants of these corporations and regulation of their rates and 
services so as to treat fairly the interests of investors and of the 
public. ' ' 

The Progressive platform also declared in favor of a State 
Utility Commission. 

Thus it will be seen that the Democratic platform, and the plat- 
forms of the Progressive and Republican parties contained planks 
demanding the creation of a Public Service Commission, so that 
the electorate of Illinois substantially voted as a unit in favor of 
this proposition. 

Taking into consideration all the facts, it is manifest to me that 
the people of the State of Illinois desire a Public Utilities Commis- 
sion. It is true the Legislature repudiated the doctrine of home 
rule, and it is regretable that it did not accept the provisions of 
Article 6 of the original bill, which would have enabled the city of 
Chicago and all other cities in the State, if they so elected, to 
govern and control their own utilities. 

In the original public utilities bill that was prepared under my 
direction by Professors Kinley, Fairlie and Dodd of the Illinois 
State University, upon consultation with Professor Bemis, the home 
rule feature for cities was incorporated. I conferred with Mayor 
Harrison, Corporation Counsel Sexton, members of the Committee 
on Public Utilities of both Houses and others, and after many con- 
ferences certain changes were made in the bill elaborating on the 
home rule article. 

"When the bill was introduced in the House it contained the 
home rule feature. The House of Representatives, however, 
amended the bill by striking out the home rule feature. The bill 
then went to the Senate. Before the vote on the bill in the Senate, 
I appeared before that body, and urged them to restore the home 
rule section. The Senate replaced the home rule provision in the 
bill, and sent it back to the House of Representatives for concur- 
rence in the amendments. 

In the meantime I spoke to about fifty members of the House 
of Representatives individually (all I could reach personally) and 
urged them to concur in the ameildments of the Senate, and replace 
home rule in the bill. On the roll call in the House of Representa- 
tives only seventy votes were cast to concur in the Senate amend- 
ments, whereas seventy-seven were needed. The bill then went back 
to the Senate and on motion the Senate receded from its amend- 
ments and the bill comes to me in its present form without the home 
rule feature. 



DUNNE — JUDGE, MAYOR, GOVERNOR 439 

Home rule can be provided for hereafter, if public sentiment 
crystallizes sufficiently to influence the State Legislature at the next 
session to amend the act so that provisions of article 6 of the orig- 
inal bill may be restored to it. This can be done without prejudice 
to the rest of the State. 

No criticism is offered of the provisions of the bill except on 
the single point that it does not provide for home rule. It is mod- 
eled on the Wisconsin law, with some features copied from the 
statutes of other states. Every section has been approved by official 
representatives of the city of Chicago. It is admittedly as good a 
bill as could be framed in the light of the experience of those states 
which preceded Illinois in this vital public reform. 

It writes into the law of this State the principle that the cha'rges 
of public service corporations shall be based upon a fair return on 
actual investment. It takes questions of public utility service and 
charges out of politics and leaves questions of regulation to be 
determined after scientific investigation, publicly made. 

I sincerely favor the principle of home rule and used my best 
efforts to induce the Legislature to write it into the statute. 

Chicago is where I have lived most of the years of my life, and 
I would not knowingly do anything that would in any way harm 
or impede the progress of that city. I do not believe, however, that 
it would be fair for me, as Governor of the whole State, to veto this 
bill if such veto would deprive the rest of the State of material 
benefits. It has required many years of effort to induce the State 
Legislature to take the first step toward the scientific regulation of 
public utilities. It is the judgment of those best informed upon 
legislative methods that it would be far easier to induce the next 
Legislature to amend the existing law than to sacrifice the bill 
already passed and require ground to be broken anew in 1915. 

To refuse to approve the measure in view of the history of 
public utility legislation in other states, would be tantamount to 
running the risk of putting off such legislation indefinitely. Its 
enactment by the Legislature during the session just ended was 
almost psychological. For the first time in the history of the State, 
all of the political parties had united in demanding such legislation. 
That demand was the outgrowth of years of misconduct and rapac- 
ity on the part of the corporations. 

The act does not become effective until January 1, 1914. The 
Governor has thirty days following that date in which to name the 
members of the Public Utility Commission. Experience has shown 
that a considerable time must elapse before such a board can ade- 
quately organize to proceed intelligently with the work which it is 
empowered to perform. Fortunately the board will be prepared to 
proceed immediately with the work of the State Board of Railroad 



440 DUNNE — JUDGE, MAYOR, GOVERNOR 

and Warehouse Commissioners, but the task of dealing with other 
public service corporations will require preparation and organi- 
zation. 

The time of the commission will be mostly occupied in looking 
after interurban utilities and performing the work of the Railroad 
and Warehouse Commission until the next session of the Legisla- 
ture, even if no special session should be called, when the act 
should be speedily amended so as to restore to the cities their 
present control of utilities, and I will urge the General Assembly 
to do this. 

To me, the proposition is just simply this : 

Were I to veto the present bill, public utilities legislation might 
not be had for years to come. With this bill on the statute books 
and public sentiment heartily in favor of home rule, there should 
be no serious doubt about having the home rule feature incorporated 
in the law at the next session. Experience has shown that it is 
always easier to amend the existing law than to have an entirely new 
bill passed by the Legislature. 

Having in mind the words of the Democratic State platform 
upon which I was elected, and having in mind the fact that 7 \am 
Governor of the whole State, I deem it my duty to sign the bill as 
passed and insure to Illinois without further delay the creation of 
a commission that will consolidate the supervision and control of 
the public service and public utilities corporations, and I say here 
that at the next session of the Legislature, no one in Illinois will 
more energetically or more earnestly try to incorporate in the bill 
the home rule feature, than myself. 

The people of the State can depend upon it that whatever the 
advantages of home rule are as a matter of principle, the Public 
Utilities Commission to be appointed by me will, to the best of my 
judgment and ability, be constituted of men of such character and 
ability as to place the cities of the State under no practical dis- 
advantage by reason of the failure to include the home rule amend- 
ment. 

In accordance with my recommendation, the Legislature has 
enacted a law giving to cities the power to own and operate their 
public utilities. If the work of the public utilities commission is 
unsatisfactory and the commission cannot properly control the utili- 
ties, public ownership is the only alternative, and this has been 
amply provided for in the splendid public ownership measure just 
placed upon our statute book and signed by me within the last 
forty-eight hours. 

Public ownership, in my judgment, must be the ultimate solu- 
tion of the complex problems, which, forever, are arising from the 
attempts of the people to exercise legitimate and lawful control over 



DUNNE — JUDGE, MAYOR, GOVERNOR 441 

public utility corporations ; but realization of the benefits of public 
ownership may be deferred for a long time, hence it is urgently 
essential that there shall be centralized control and authority now. 
This law, in principle and form, is nearly identical with laws, 
the passage of which was procured by such eminent leaders of mod- 
ern thought as Woodrow Wilson, of New Jersey, and Senator La 
Follette, of AVisconsin, in their respective states. 

E. F. Dunne. 



442 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE VALUE OF FISH AND GAME IN 
ILLINOIS. 

Address to State Game and Fish Conservation Commission, 
July 5, 1913. 

Gentleme^i: 

In my campaign I pledged my best efforts to the conserva- 
tion of our fish and game, and to place those departments on a 
basis of efficiency and economy. The superficial glimpses which 
We were able to get of the protected fish and game departments 
warranted me in publicly assailing them as incompetent and 
wasteful. 

One of my first official acts as Governor was to order a 
searching investigation of these two departments. Accordingly 
investigation was made by the State Civil Service Commission, 
which was assisted by a firm of certified public accountants. 

Tliair reports were submitted by me to the General Assembly 
in a special message on April 13, 1913. Extensive accounts of 
their findings appeared in all the newspapers of the State. How 
fair and truthful these investigations were has been vi\'id]y 
demonstrated by the complete silence with which their disclosures 
have been received, both by the political organization which 
profited by the misdeeds and by the men who were directly re- 
sponsible for their commission. 

The reports of these investigations rcA^ealed a state of in- 
efficiency in organization and operation and a mess of corruption 
and waste in the expenditure of public money, so great that I at 
onr-c oX'TC'sed my prerogative and in tbe interest of public moral- 
ity, summarily removed from office those men Mdio had been guilty 
dither of manifest offenses, or, without protest, had stood by com- 
placently and witnessed ihem. 

Both the departments and the laws had become a by-word, a 
joke and a scandal. Our political nomenclature had been en- 
riched by the contemptuous terms, "rabbit shepherds" and 
"carp nurses". The conservation of that part of our natural 
wealth, represented in fish and game, had been completely lost 
in the mad rush after partisan and personal spoil. Employes 
were discovered defrauding the State for time they had been paid 



DUNNE — JUDGE, MAYOR, GOVERNOR 443 

for by private employers. Others were duplicating expense 
bills and securing money for services and material never fur- 
nished. The game farm, so-called, was costing a vast sum of 
money \\'itliout adequate return to the State. 

The General Assembly, on my recommendation, has wisely 
consolidated the fish and game commissions under a plan of re- 
organization that is comprehensive and scientific and in accord 
with progressive ideas and withal capable of operation and en- 
forcement. 

[ have named you three men as the commissioners to carry 
out its terms. 

The fishing industry along the Illinois River is annually 
worth a laillion and a half dollai-s, and is growing rapidly. I have 
seen the statement, that the output of the Illinois River is second 
in value to that of the Columbia River. All our streams, lakes 
and ponds should be conserved, the supply of fish repleni&hed and 
protected to the end that from these sources of food enough may 
be taken to influence the cost of living downward. 

Our game, especially our birds, perform their service in an- 
other way and we cannot estimate their value in dollars and 
cents, but we know that the farmers' best friends are those birds 
which fight the pests and parasites of his fields. How much of 
our magnificent yields of corn and other grains and fruits of all 
kinds should be creditcal to ovir birds we cannot even approxi- 
mate. 

Illinois can and should cooperate with the general Govern- 
ment in this work of conservation. It is too extensive and its 
possibilities too varied for me to attempt enumeration today. The 
new law afi:"ords you a Avonderful opportunity to perform a great 
service that will benefit our people financially and socially. I 
hope you will measure up to the demands and opportunities. It 
is my desire that you shall so enforce this law that it may be 
raised to a plane of dignity and respectability, and so administer 
your department that, when you leave it, you will leave a monu- 
ment to efficiency and an asset to the public service. 

Further, let me say that the investigations of the game and 
fish departments have impressed me with the necessity for ap- 
plying, especially to fish, a system of culture and conservation 
that will, in years to come, assure the people of the State of 
Illinois a needed auxiliary food supply. Our beef food supplies 
are diminishing year by year at a rate that is startling to con- 
template. The last decennial census disclosed that, notwith 
standing there has been an increase in population aggregating 
nearly twelve millions, the cattle supply of the Nation had dimin- 
ished from seventy-sevcxi millions to fifty-seven millions. This, 



4J:4 DUNNE — JUDGE, MAYOR, GOVERNOR 

obviously, can mean but one thing. The people sooner or later 
will be forced to seek new forms of food supply. 

My investigations disclosed that the State of Illinois possesses 
elementary sources of food supply that are equal to those of any 
other State in the Union. The Illinois River alone should become, 
under thoughtful, skillful management by the new Game and 
Fish Conservation Commission, one of our greatest and most. 
enduring sources of wealth. 

I would respectfully suggest that, as soon as the new com- 
mission has been organized and is ready for business, the question 
of fish conservation be taken up in a broad, intelligent manner 
with Professor Stephen A. Forbes of the State University, Avho 
is acknowledged to be the most eminent biologist in the country. 
Professoi- Forbes is wonderfully inte'rtjsted in our natural re- 
sources and possesses a vast fund of important information which 
can readily be applied to existing conditions. 

I wish you gentlemen to go to work at once and divide the 
State into districts, each to be overlooked by a district w^arden. 
The deputy wardens you will assign to such places where you 
think they are most needed. It might not be a bad suggestion 
to have some of the district wardens continually traveling 
throughout the State tc see that the deputy wardens are properly 
Derforming their duties. 

All wardens should be required to make a daily report show- 
ing what work they have done and where their time has been 
spent. Every man who accepts a position as a deputy or district 
game warden is expected to perform honest work for the com- 
pensation he receives from the State. 

I shall hold you gentlemen responsible for the proper conduct 
of the Fish and Game Department and for the conservation of 
our great natural resources. I hope you will do your duty and 
you shall find me at all times cooperating with you. 



DUNNE — JUDGE, MAYOR, GOVERNOR 445 



FAVORS ABOLITION OF BOARD OF 
EQUALIZATION. 

Address to Democratic Members of the State Board of 
Equalization, August 15, 1913. 

Gentlemen : 

I am pleased to meet you gentlemen and to say a word to yon 
in reference to the duties you are charged by law to perform. I 
understand that for the first time in its history the State Board of 
Equalization is a Democratic board. Such being the case, I hope 
you will do your duty faithfidly, energetically and fearlessly that 
the great corporations, which have evaded just taxation in the past 
may pay the share that they should pay. In my announcement of 
my candidacy for Governor, which was made a year ago last Jan- 
uary, I advocated the abolition of the State Board of Equalization. 
Largely at my suggestion the following plank was incorporated in 
the Democratic State platform, which was adopted at Peoria : 

''We demand the abolition of the State Board of Equalization; 
its functions to be performed by a commission of experts appointed 
by the Governor, approved by the Senate, who shall sit the year 
round in open session and preserve daily minutes and records of 
its proceedings. ' ' 

I have heretofore believed, and I still believe, that the State 
Board of Equalization should be abolished. It is the system that I 
believe is wrong and should be changed. 

Nevertheless, under the law, you gentlemen have certain duties 
to perform. It is now a Democratic board and I urge you to so 
perform your duties that it may be said, for once in its history, that 
the Board of Equalization has become a people's board; that it 
takes its orders, not from the great corporations, but from the peo- 
ple of the State. I hope you will do your duty honestly; that you 
will show no favoritism but will assess fairly and justly the prop- 
erty of all those that come before you. Let your honesty, integrity 
and industry be such that it may redound to the credit of the 
party to which you belong and that this session of the board may 
make a record for future members to follow. 



446 DUNNE — JUDGE, MAYOR, GOVERNOR 



CUTS TIME OF HONOR PRISONERS ON 
PUBLIC ROADS. 

Letter to Wardens E. M. Allen and W. V. Choisser, 
August 22, 1913. 

Dear Sirs: 

Pursuant to my inaugural message, the Legislature lias wisely 
passed a law permitting the utilization of convicts whose unexpired 
term of imprisonment does not exceed five years, upon the public 
roads of the State of Illinois, in the way of improving the public 
roadways. 

This humane measure, in my judgment, will permit many con- 
victs to be engaged in healthful occupation ; which will work to the 
material betterment of these convicts. 

The law does not provide specifically for any reward to convicts 
employed in this manner, but in my discretion, as the possessor of 
the power of pardon and commutation, I have reached the conclu- 
sion that all convicts, so employed, should receive in addition to the 
good time, now allowed them by law, a further reward for honest 
and industrious work thus performed upon the public roads of the 
State. 

You can announce to the inmates of your institution that I 
shall commute the sentences of all employes engaged in this work 
whom you report to me have honestly and efficiently worked upon 
the public roads of this State on the following basis : For every 
three days work honestly and efficiently performed on the roads in 
the State, I shall commute the sentence of the convict so performing 
such work to the extent of one day. 

In other words, for every three days work performed the con- 
vict shall receive by executive clemency a reward of one day. The 
convict so employed for three months shall receive a commutation 
of one month. The convict so employed for three years shall receive 
a commutation of one year. 

You are hereby directed to read this letter to the convicts of 
your institution at your early convenience. 



DUNNE — JUDGE, MAYOR, GOVERNOR 447 



INSTRUCTIONS TO A NEWLY 
APPOINTED BOARD. 

Address to State Highway Commission, August, 1913. 

Gentlemen: 

I have called you gentlemen here today to discuss, what I 
believe to be, one of the most important subjects with which this 
administration has to deal. The matter of good roads touches vitally 
the agricultural, commercial, educational, social, religious and eco- 
nomic welfare of the State and involves the conservation of natural 
resources. 

Legislation adopted by the Forty-eighth General Assembly 
makes possible the improvement of the roadways of the State. 
Sentiment throughout the State is, and has been, strong for bettef 
roads. Better roads means that the farmer can get his produce 
to the market quickly ; it means better schools, larger neighbor- 
hood communities and better social conditions of all kinds. It 
means that Chicago is closer to Springfield and Springfield closer 
to Cairo. It directly connects the different communities of the 
State with each other. 

In my inaugural address to the Forty-eighth General Assem- 
bly, I dwelt ^t considerable length on the question of the improve- 
ment of the highways of the State. I recommended the passage of 
laws which would promote the efficiency and economy of the ad- 
ministration of the road system of the State. The General Assem- 
bly has wisely enacted into law measures to this end and I have 
appointed you three gentlemen as members of the State Highway 
Commission, under whose control will lie the enforcement of the 
good roads bill. 

In the improvement of public highways, Illinois has been too 
backward. Reports of the Federal Department of Agriculture show 
that about 10 per cent of the 95,000 miles of Illinois roads are 
improved in a permanent manner, as against 38 per cent in the 
neighboring state of Indiana, 20 per cent in Wisconsin, 20 per cent 
in Kentucky, 28 per cent in Ohio and 50 per cent in Massachusetts. 
Considered from the standpoint of improved roads, Illinois is the 
twenty-fourth in the list of states. 

The loss to farmers, because of inaccessible primary markets, 
and the abnormal expense of transportation, due to bad roads, must 



448 DUNNE — JUDGE, MAYOR, GOVERNOR 

be considered as a contributing cause of the high cost of living. In 
some Illinois counties, highways are impassable to ordinary loads 
for a full third part of the year. Bad roads not only hinder crop 
production and marketing but they keep the rural consumer away 
from the store of the merchant for weeks at a time. They keep 
pupils from the schools, and voters from political gatherings, and 
from participation in elections. They impair the efficiency of 
churches, and social, fraternal and other organizations, which de- 
pend largely on public gatherings for the efficacy of their work. 

Bad roads contribute to the unattractiveness, the isolation and 
the monotony of country life that are responsible for the desertion 
of rural pursuits, especially by the young. Experts in mental ail- 
ments agree that women in remote sections are the chief sufferers 
from the restrictions of communication and social intercourse, which 
bad roads impose. 

Highway conditions in Illinois are due to the fact that prog- 
ress in methods of transportation and travel has not been met with 
corresponding changes in our system of road building and mainte- 
nance. Illinois clings to the obsolete practice of placing the burden 
of highway improvement on the to'wnships. Other states, in their 
laws, have appreciated that highway travel is no longer entirely 
local and that the main arteries carry a great amount of intercounty 
and interstate traffic. Permanent improvement of the main arteries, 
which carry the great bulk of traffic, is a problem which affects the 
general welfare, and these states have established, successfully, sys- 
tems of State aid on such highways. 

In my message to the General Assembly, I also recommended 
that provision be made for the employment of the inmates of the 
penitentiaries in road work. The Legislature has adopted a bill 
to that effect and this will lead to much good results. 

I want you gentlemen to give to the positions, to which I have 
appointed you, the best that is in j^ou and to work in cooperation 
with me for the improvement of our roads. Nothing that we can 
do will mean more to the State of Illinois than to improve its road- 
ways. I leave to you the working out of the necessary details. 
Yours is a big undertaking but I think I have selected men compe- 
tent to fill the places that have been given them. I place the matter 
in your hands and hope that when our terms of office shall be ended 
we will turn over to our successors a vastly improved system of 
roadways in the State we all have been called upon to serve. 



DUNNE — JUDGE, MAYOR, GOVERNOR 449 



THE VALUE OF GOVERNORS' 
CONFERENCES. 

Statement to the Public, September 3, 1913. 

I have just returned from the governors' conference hekl in 
Colorado Springs, Colorado. 

It was attended by twenty-three governors, two lieutenant 
governors and several ex-governors. 

It proved to be a very interesting and, I believe, a very in- 
structive gathering, at which were discussed the questions of 
"State Department of Efficiency and Economy," "Distrust of 
State Legislatures," "State Assumption of Nomination and 
Election Expenses," and the "Growth of the Control of Public 
Utilities." 

Some very radical and startling ideas were enunciated by 
some of the Governors. Notably by Governor Hodges of Kansas, 
who advocated a single legislative chamber, composed of some 
eight to sixteen men, who would sit the year around in confer- 
ence with the governor and formulate laws for the government 
of the state. The suggestion did not seem to meet with the 
approbation of the Governors' Conference. A very entertaining 
and instructive debate was held upon this proposition, but the 
majority of those present seemed to favor the present system of 
two houses. 

Quite a sentiment developed among some of the western gov- 
ernors in favor of state assumption of nomination and election 
expenses, but the general sentiment of the governors seemed to 
oppose this novel idea. Also quite a number of the governors 
were in favor of the state compelling all candidates for office to 
pay a printing fee of from $100 to $300 and with this fund dis- 
tribute platforms and arguments of each of the candidates at 
public expense. 

The paper read by the Governor of Illinois upon the "Con- 
trol of Public Utilities by Commissions" was very generously and 
favorably discussed at the convention, and seemed to meet with 
practically universal approval. 

One of the governors went so far as to say he was about to 
call a special session of the legislature of his state for the pur- 
pose of putting up for passage a law similar to the Public Utility 
Act just passed by the Legislature of Illinois. 

—15 



450 DUNNE — JUDGE, MAYOR, GOVERNOR 

From participation in this conference, I have reached the 
conclusion that these conferences are of great value in the inter- 
change of ideas and recomnnnidations from the governors of the 
states of the Union. 

While no formal action is ever taken in the way of a vote 
of approval or disapproval, it affords an opportunity for the 
discussion of the questions most vitally affecting the people of 
the several states, aiid such discussions tend toward uniformity 
of action in the different states and the crystallization into la^»' 
of progressive policies. 

I was informed by several of the governors that the confer- 
ence of 1913 was probably the most interesting and successful of 
the many conferences heretofore held. 

I l)elieve that these conferences will grow into general favor 
and be productive of excellent results. 

The citizens and commercial bodies of Colorado Springs and 
Denver were extremely hospitable and did everything in their 
power to make the social features of the gathering a distinct 
success. 

The climate and surrounding scenery of Colorado Springs 
make that place a most desirable and comfortable place for such 
conferences in midsummer in contrast with that of Washington, 
D. C, during the trying midsummer weather. 

I think that this great Nation ought to be able to provide a 
place for the sessions of Congress in midsummer in a place of 
]ik3 character where the strain upon the health and rjtrength 
of the Senators and Congressmen would not be so severe as it is 
in the present Capital of the United States. 



DUNNE — JUDGE, MAYOR, GOVERNOR 451 



THE TWO BATTALION SYSTEM IN 
FIRE DEPARTMENTS. 

Statement to Massachusetts Firemen, September 4, 1913, 

I became convinced, while mayor of Chicago, that the work- 
ing hours of firemen were unduly protracted and that a limita- 
tion ought to be placed by law upon the consecutive hours during 
which the firemen ought to be on active duty. I therefore advo- 
cated what is known as the two platoon system and had it in- 
stalled in one battalion in the Chicago city fire department. 

According to the reports made, after a fair trial, the system 
worked well and, if I had longer continued in office as mayor, it 
was my intention to have extended the system further through- 
out the city. Upon my being retired from the mayoralty, the 
two platoon system was abandoned by my successor. 

Upon my election as Governor of Illinois, I again did what 
I could to secure the passage of a State law and had the satis- 
faction, on June 26, 1913, of affixing my official signature as 
Governor to a law which limits the hours of a fireman to 14 out 
of each 24. 

I hope the firemen of Massachusetts will succppit in having 
passed a like humane or better law in that .state in the near 
future. 



452 DUNNE — JUDGE, MAYOR, GOVERNOR 



IMPORTANT RESULTS OF THE BAT- 
TLE OF LAKE ERIE. 

Address at Put in Bay, Ohio, September 11, 1913. 

Mr. Chairman, Ladies and Gentlemen: 

In a lagoon within Jackson Park in the city of Chicago, there 
have stood at anchor for many years past three tiny, grotesque 
and highly decorated vessels known as the "Nina," "Pinta, " and 
"Santa Maria," 

They look like the playthings of boys, and utterly unfit for 
the winds, and waves of even an inland lake, and yet, without 
a doubt, these tiny vessels, in so far as their dimensions and gen- 
eral strength are concerned, are practically duplicates or repli- 
cas of the vessels in which Columbus and his men crossed the 
great and stormy Atlantic five hundred years ago, and made the 
discovery of this great continent, now teeming with nearly two 
hundred million men. 

With such insignificant instruments was one of the greatest 
accomplishments of history achieved. 

The other day in Chicago, I saw within our harbor a little 
two masted schooner of about 100 feet in length or thereabout, 
which we know was rebuilt upon the hull and keel of the vessel, 
which with its tiny consorts compelled, under the command of 
Oliver H. Perry, an English admiral with a more powerful fleet 
to strike their colors and surrender their men and vessels. 

It seems almost incredible that so tiny a vessel as the re- 
incarnated Niagara and its sister ships of smaller dimensions 
should have been the instruments with which the momentous 
battle of Put in Bay was won. 

Neither Perry nor his men, nor Barclay and his men, who 
fought under the British flag on the memorable 10th of Septem- 
ber, 1813, could appreciate the tremendous and far-reaching con- 
sequences of that battle. To them it meant the mastery of Lake 
Erie. To them it meant the possession of the facilities for trans- 
ferring men and supplies from one portion of the lake to the 
other, but the far-seeing statesmen of that day, upon reflection, 
might have seen what everyone a century later can readily 
perceive, and that is, that the naval conflict near Put in Bay 
decided the destinies of a territory now teominsr wi+l^ .^^0,000,000 



DUNNE — JUDGE, MAYOR, GOVERNOR 453 

of population, a territory as rich in fertility of soil and in fruit- 
fulness 01 agricultural and mineral resources as there exists upon 
the face of the civilized globe. 

That conflict, insignificant in so far as the strength and arma- 
ment of the vessels and the number of men engaged was con- 
cerned, decided definitely the question vv'hether the British or 
the American flag should wave thereafter over the country now 
known as the states of Ohio, Indiana, Illinois, "Wisconsin, Michi- 
gan, Minnesota, Iowa, Missouri, Arkansas, Nebraska, Colorado, 
North Dakota, South Dakota, Idaho and Montana. 

It will be remembered that at the time of the battle of LaKt; 
Erie there were no railroads in existence, and that these now 
rich and populous states were but sparsely settled ; that there were 
scarcely a thousand human beings inhabiting the south shore of 
Lake Erie ; that the only means of transportation was upon the 
water or in the primitive ox and horse carts of that day ; and 
that there were practically no wagon roads built through the 
wilderness of these states. 

Under these circumstances, the only way to control the 
transportation of men and supplies was by boats upon the bosom 
of Lake Erie. 

If the British war vessels under Barclay had maintained their 
control of that lake, the red-coated soldiers of the British empire, 
trained by military warfare for m.anj- years, could have been 
Transported across the lake to the northern boundary of Ohio, and 
by taking possession of strategic points between Lake Erie and 
the Ohio River, could, and would have maintained the supremacy 
of the British flag over the whole of the state of Ohio and Ibwe^ 
Michigan. Once intrenched and fortified in these states they 
could, and would have prevented the western spread of the thir- 
teen colonies over this rich and fertile territory, and the terri- 
tory west of these states. 

In the War of 1812, prior to the battle of Lake Erie, the 
military forces of the colonies in the inland lakes and the terri- 
tory surrounding was lamentably weak and inefli'ective. 

Hull had disgracefully surrendered Detroit. Mackinaw had 
been captured by the British forces and the far-seeing British 
statesmen of that day intended, by the placing of Barclay's fleet 
in Lake Michigan, not only to secure control of the lake, but to 
extend tbe British dominion across Lake Erie and Lake Huron 
into the states of Ohio and Michigan. 

Perry's celebrated victory in Lake Erie demolished all these 
plans. It gave the Americans absolute control of Lake Erie, and 
permitted them to land their troops and supplies where they 
saw fit. 



454 DUXXE — JUDGE, MAYOR, GOVERNOR 

Thus did the celebrated battle of Lake Erie, insignificant 
in the armament of the vessels and the number of the men en- 
gaged, decide for all time to come the possession over this great 
territory, which is now the heart of the Americrfn Nation; teem- 
ing with wealth, and populated with tens of millions of Ameri- 
can citizens. 

In my judgment, the two great decisive battles in American 
history, previous to the "War of the Rebellion, were the battles of 
Saratoga and Lake Erie. The former has been enumerated by 
Creasy in his "Fifteen Decisive Battles." The battle of Saratoga 
was the first important success of the Revolutionary arms against 
the British forces. It proved to the French government at a 
critical moment, when that government was hesitating whether 
or not it should give assistance to the Revolutionary arms, that 
the yeomanry of America was capable of making a successful fight 
for the independence of the colonies. It banished the hesitation 
then prevailing at the French court, and secured the cooperation 
of the French nation, which culminated in the overthroAv of the 
British armies at Yorktown. It decided the fate of the thirteen 
colonies, and secured for them their independence. 

But when Creasy wrote his work about the middle of the 
nineteenth century, he had not discovered or appreciated the 
tremendous opportunities lying undeveloped in the valley of the 
Mississippi, west of New York and Pennsyh^ania. He did not 
even dream of the powerful empire lying west of Pennsylvania 
now known as the Middle West. He did not sense the far-reach- 
ing sagacity of the British design in 1813 to control Lake Erie, 
and through possession of that lake secure control of this tre- 
mendous empire. 

The American people do w^ell, now that the full significance 
of this battle is understood, to commemorate the decisive success 
of the American arms under the command of the gallant Perry, 
who saved Lake Erie for the American Republic, and, by saving 
Lake Erie, added to the thirteen colonies a territory wiiich is 
probably the choicest and richest on the western hemisphere, and 
which is capable of sustaining upon its fertile fields a population 
of 200,000,000 inhabitants. 

At the celebration of this victory, with its tremendous con- 
sequences to the American people, we can also appropriately and 
properly celebrate the centennial of final peace between this coun- 
try and Great Britain. 

We trust that we have seen the last of the Avars between these 
two great, powerful and intelligent nations. We believe, and 
hope that the era of war has passed, not only between these great 
nations, but between all the great civilized nations of the earth. 



DUNNE — JUDGE, MAYOR, GOVERNOR 455 

The day of peace and arbitrament is here; the daj' of peace 
and arbitrament, not only between these great nations, but be- 
tween all nations and iimerica. The policy of peace and arbitra- 
ment is the policy of the present administration. 

We are holding out at Washington under the guidance of 
our great Secretary of State, the olive branch of peace to the 
nations of the earth. We not only celebrate today the centenary 
of peace between the two great English speaking nations, but 
we celebrate and glory in the fact that there always and ever 
has been peace between this country and nearly all of the nations 
of Europe, Great Britain and Spain excepted. 

We have always been at peace with liberty loving France. 
Indeed, we oAve to her in a great measure the outcome of the war 
for our independence. Were it not for her valiant assistance at 
a critical time the outcome might have been doubtful. French 
succor and assistance added materially to the establishment of the 
great American Republic, and ever since that day we have been 
at peace with the French nation under all forms of government, 
and hope we will always remain in that position. 

There has been eternal and perpetual peace between us and 
the great German nation, the Italian nation, the Austro-Hungary 
nation, and the Russian nation; from all of them we have drawn 
the manhood and womanhood that is now making the American 
Republic the most powerful cosmopolitan people in the world. 
Europe, not England, is the mother country of America. 

In this year of 1913, let us not only commemorate the battle 
of Lake Erie and the peace of one hundred years which has 
prevailed between Great Britain and America, but also let us 
hope that the peace and harmony which prevails between this 
Nation and all the nations of Europe and the world may never be 
disturbed by the conflict of battle or the red ruin of war. 



456 DUNNE — JUDGE, MAYOR, GOVERNOR 



STOPS MAUDLIN SENTIMENT OVER 
CONVICTS. 

Letter to Hon. E. M. Allen, Warden, Joliet Penitentlvry, 
September 15, 1913. 

Warden, Joliet Penitentiary: 

Am informed by Mayor Brinton, Dixon, Illinois, that some 
misguided enthusiasts are proposing to give automobile rides and 
theater parties to convicts working on roads at Grand Detour. This 
is either effervescent emotionalism, or a scheme to advertise a 
theater. Stop it at once. 

E. F. Dunne, Governor. 



DUNNE — JUDGE, MAYOR, GOVERNOR 457 



THE CAREER OF MICHAEL KELLY 
LAWLER. 

Letter to People of Equality, September 22, 1913. 

Until today I had indulged in the hope that I could be person- 
ally present at the unveiling of the Lawier monument in Equality 
on September 24, but find this morning that owing to the press 
of public business here in Springfield, and the fact that I am to be 
present in Piano tomorrow at the convention of the Farmers' Alli- 
ance, that it will be impossible for me to reach Equality and be 
present at the services without sacrificing public interest here at 
Springfield. 

In this situation, I have asked Captain Frank B. Wendling to 
act as my representative and spokesman at the' unveiling of this 
monument. 

Michael Kelly Lawler was one of the vigorous and fearless pio- 
neers of this State, who was ever ready to respond to his country's 
call in time of war. The splendid services that he rendered to his 
Government as commander of soldiers recruited in Illinois will 
long be remembered by the people of this State. 

It is eminently fit and proper that his memory should be per- 
petuated by the monument which is being unveiled tomorrow in 
Equality. His career is one of which every citizen in the State of 
Illinois is proud. May that career serve as an example to young 
men of the rising generation. 

Wishing you and the people of your section of the State a most 
successful celebration, I am. 
Kespectfully, 

E. F. Dunne, Governor. 



458 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE SOIL WE TILL THE SOURCE OF 
ALL WEALTH. 

Address to Farmers' National Congress, Plano, Illinois, 
September 23, 1913. 

Mr. Chairman and Gentlemen: 

A very pleasant duty falls to my lot today, and that is, as the 
Executive of this great, j)remier agricultural State of the United 
States, to address a few words of hearty welcome to the members 
of the Farmers ' National Congress, upon the occasion of your assem- 
bling here, in Piano, Illinois, on the true vein of the most fertile 
soil, I believe, on the face of the earth, not excepting the far-famed 
valley of the Nile. At the outset, I wish to express my appreciation 
of the fact that my distinguished colleague, the governor of the 
great state of Ohio, a farmer himself, has taken occasion to leave 
his varied and manifold duties in that great state and come out to 
our State and address a few words of wisdom to the members of 
this great Congress. 

At home in Springfield yesterday I was visited by your distin- 
guished fellow citizen. Representative Charles F. Clyne, who was 
kind enough to me to suggest that he would be very happy to be 
with me here today. Knowing of his oratorical ability, and know- 
ing of his facility in catching the crowd, and knowing that he has 
made such a distinguished record in the State of Illinois, as a man 
who introduced into and put through the Legislature probably one 
of the most beneficial laws that this State has upon its statute books, 
the great public ownership bill, passed by the last Legislature, it 
occurred to me that I could probably make a better impression vica- 
riousl}'-, by getting this eloquent and able gentleman to represent 
me here today and make my speech. I don't know what terms he 
forced upon the modest mayor of this city — (Laughter) — because, 
since he has made that record for eloquence and perseverance in 
the Legislature, he has been raising his price. But I do know that, 
when we discussed the subject matter of representing me here today, 
his price was so exorbitant that I concluded I would leave Spring- 
field and come here myself. (Loud applause.) 

I am here, my friends, in all sincerity in behalf of the great 
State of Illinois, the greatest agricultural state in the United States, 
to bid you welcome to this State ; to wish you wisdom in your con- 



DUNNE — JUDGE, MAYOR, GOVERNOR 459 

ferences, and to express tlie hope that the results of this Congress 
will be for the betterment of the people who live by tilling the soil 
of the United States. I recognize, my friends, that the backbone 
of all the wealth of this Nation, and of most nations, is the soil from 
which we produce the crops. You can raze from the earth every 
palace, every great monumental structure built by the accumulated 
wealth of a century ; you can raze them from the face of the earth, 
though they have cost untold millions — -yea, billions — by an earth- 
quake, a conflagration, or by any other great catastrophe, and such 
is the fertility of the soil of the State of Illinois, and so hard- 
working and industrious are the men caring for and tilling the soil, 
that in a half century you wouldn't notice the difference. All the 
great temples and palaces erected in the past were built upon the 
foundation of all wealth — the soil we till. 

Knowdng that the soil is the backbone of all the M^ealth of 
the country, my frieiids, it is wise for you men who till the soil 
to meet in conference for the purpose of advancing tlie best in- 
terests of the tillers of the soil. Because you till the soil, my 
friends, and because I happen to be by accident, — or by the will 
of the voters as you may prefer to put it, — the Chief Executive of 
the premier agricultural State of the United States, I am here 
today to participate with you for a short time in your conferences. 

This State is the premier agricultural State. For years she 
has led in the production of the greatest of agricultural products 
of the United States — corn ; and she is the second greatest of the 
states in the production of oats. Recognizing the value of agri- 
culture and recognizing the need of fostering the interests of 
those who till the soil, this great State, out of the abundance of 
its wealth, and through the wisdom of the men who preceded me, 
has established in the State of Illinois a great agricultural school 
in the State University, which I honestly believe,— and I think 
you will agree with me — is the greatest agricultural college in 
the United States. 

And yet, my friends, while we are fortunately in possession of 
boundless wealth in the great fertility of our soil, and have in 
addition what, perhaps, does not exist elsewhere on the face of 
the earth, the richest coal mines under a fertile soil that can be 
found on the face of the earth. "While we have all this wealth 
of soil and wealth of mine, however, we must admit that in this 
great agricultural State and right in the county where we now 
are, the population of the rural districts of the State of Illinois, 
notwithstanding that the population of the State as a whole has 
been increasing by leaps and bounds, has been decreasing. You 
have not as many people in the county of Kendall today as you 
had ten years ago, — the rural population is falling off. It makes 



460 DUNNE — JUDGE, MAYOR, GOVERNOR 

US pause also to be compelled to admit, that the fertility of the 
soil of this great State is decreasing, that it is not as rich today 
as it was some years ago, owing to the fact that we have not been 
paying the same scientific attention to the needs of the soil that 
other people, with broader and longer experience, have been ex- 
hibiting in the use of their soils. I know little about farming ;• 
my farm education was in early years sadly neglected. I lived in 
cities from the time of my boyhood to the time of my maturity 
and to the time of my election to public office and didn't get as 
practical an experience in farming, such as my friend Governor 
Cox, the farmer governor of Ohio, may have had. But, my 
friends, I know this to be a fact, that after a thousand of years 
of tillage in the great empire of Germany, where they have tilled 
the soil from the time the Roman centurions and legions fought 
with the Allemani — although they have tilled the soil for over a 
thousand years — they produce today in the empire of Germany 
twenty-nine bushels of wheat to the acre, while you here in Illi- 
nois, on a much richer soil that has not been exhausted and can 
not be exhausted, in this great fertile valley of the Mississippi, on 
a more fertile soil than they have in Germany — a soil that you 
have not tilled for over fifty years, — you are only producing six- 
teen bushels of wdieat to the acre. Think of it, my farmer 
friends ! These men that farm a soil that has been tilled for a 
thousand years are producing twenty-nine bushels to the acre, 
and you on a soil that has not been tilled for over fifty years, 
are producing only sixteen. This shows, my friends, that there 
is need of conferences among American farmers. When the 
population is drifting from the rich, fertile soil of the rural dis- 
tricts of this State into the great cities of the State, when you, 
with all the intelligence and with all the instruction that we can 
give in the greatest agricultural college in the United States, can- 
not produce as much from your fertile soil as the German produces 
out of his exhausted soil, it is time for conference and delibera- 
tion. It is time for you to take steps for more* intelligent 
methods in farming, to take steps toward intelligent, scientific 
farming. It is time for you to begin to devise schemes that will 
keep your boys and girls at home in the rural communities, in- 
stead of producing these greatly congested cities and weakening 
the population of your farms. 

That, my friends, if you will pardon a suggestion, can be 
done, if you will organize in rural communities domestic circles 
and social circles where amusements can be given, — consolidate 
little schools where less than twenty are going to school into 
schools where at least fifty can be taught by competent teachers, 
where the schoolhoufee Avill be the center of the social life, social 



DUNNE — JUDGE, MAYOR, GOVERNOR 461 

intelligence, and the center where not only education can be given 
in the day time but where amusements and little pleasures can 
be given to the young at night. 

■ Think, my friends, of these things. Then devise, as I know 
you will devise, with the advice of the intelligent grey-haired 
men and women that I see around me, methods of producing more 
from the great fertile soil that belongs to you, and devise methods 
for making rural life more congenial to the children that you are 
blessed with today, and that I hope you will continue to be blessed 
with for many years to come. 



462 DUNNE — JUDGE, MAYOR, GOVERNOR 



SUGGESTS A THESIS OR LECTURE ON 
PRACTICAL FARMING. 

Letter to President James of University of Illinois, 
September 27, 1913. 

Dear Sir: 

Would it not be a good idea to prescribe, as part of the cur- 
riculum of the students in the agricultural department of the uni- 
versity, during the last or senior year, the duty of preparing a 
thesis or lecture upon practical farming in the State of Illinois, and 
require these students, before graduation, to deliver the same at 
one or more of the township schools of the State? 

The requiring of the preparation of such a thesis, near the close 
of the student's curriculum, would not only fire his ambition to 
excel therein, but, if the most successful and practical of these theses 
were approved by the university authorities and actually delivered 
"in the township schools, it would bring home to the sons of the 
farmers who might not be able to attend the university, much 
practical information of value to them in future life. The delivery 
of the lecture might be accompanied by practical illustrations in 
the fields, if necessary, "What do you think of this idea? 

E. F. Dunne. 



DUNNE — JUDGE, MAYOR, GOVERNOR 463 



ON THE PARDONING OF TWO 
CONVICTS. 

Statement to the Public, September 29, 1913-. 

I today commuted the sentences of two prisoners in the peni- 
tentiary at Joliet, to take effect on October 1, 1913. 

The first of these cases is that of Sidney B. Creek, who was 
convicted at the April, 1894, term of the Circuit Court of DuPage 
County for the crime of murder. 

It appears from the report of the prison physician that this 
man has tuberculosis of the left lung and both testicles ; he is also 
suffering from prolapse of rectum complicated with internal hemor- 
rhoids and ulcers. He has paralysis of the left leg. His other 
organs are in comparatively good condition. He has been bedridden 
for six years. 

I have liberated him to die outside the walls of the penitentiary. 

The other case is that of John "Williams, who was convicted at 
the September, 1890, term of the Circuit Court of Grundy County 
for the crime of murder. His record up to the date of his pardon is 
reported to me to be without a flaw. He was 40 years of age when 
he committed the crime. Upon prison commutation, making allow- 
ance for good conduct, he has served a 45-year sentence, and has 
been in fact in the penitentiary for 23 years. He is now about 67 
years of age, and his petition for pardon has been signed by every 
warden and deputy warden and employes of the penitentiary, ex- 
cepting one. He has also recently been suffering bad health. In 
my judgment, he has paid the penalty of his crime. 



464 DUNNE — JUDGE, MAYOR, GOVERNOR 



HIS ATTITUDE ON STATE CIVIL 
SERVICE LAW. 

Statement to the Public, October 1, 1913. 

The Governor has been shown a copy of an anonymous com- 
munication, inspired by the friends of employes suspended on 
charges, which has been sent to the various newspapers of the State, 
relative to the attitude of the administration on the enforcement of 
the civil service law. 

The Governor is, and always has been, a firm believer in honest 
civil service. He has advised President Burdett of the State Civil 
Service Commission, that he wants the civil service law of the State 
fairly, impartially and honestly administered. The Governor has 
requested the resignation of no employe under civil service, although 
it has been sought repeatedly to have him do so. Employes under 
civil service have called upon the Governor, and declared their will- 
ingness to tender their resignations, if he requested them so to do, 
but the Governor has uniformly refused to make such requests of 
civil service employes. 

Mr. Moulton was president of the Illinois Civil Service Com- 
mission and Mr. Robinson was the secretary under Governor Deneen. 
Mr. Moulton is still a member of the board and Mr. Robinson is the 
secretary. Mr. Moulton has been endorsed to the Governor by the 
various civil service reform associations, who have requested that he 
be retained on the Civil Service Commission. The Governor has 
heard no protest from Mr. Moulton, Mr. Robinson or anyone else 
relative to the enforcement of the civil service law, except from 
officeholders against whom charges have been filed because of incom- 
petency or worse, or because it is alleged they were illegally 
appointed. 

Temporary appointments have been legally made where there 
were no eligible lists to fill the various places. 

The Civil Service Commission of the State consists of James H. 
Burdett, A. B. Culhane and W. B. Moulton, and they have been 
honestly enforcing the law, and in so doing they have the hearty 
cooperation of the Governor. 



DUNNE — JUDGE, MAYOR, GOVERNOR 4(55 



ON FIXING STATE FIRE PREVENTION 

DAY. 

Statement to the Public, October 2, 1913. 

By proclamation issued on September 1, 1913, the Governor of 
the State of Illinois has set aside the 9tli of October as the anniver- 
sary of the great Chicago Fire, as "State Fire Prevention Day." 

I cannot too strongly urge upon the citizens of this State the 
observance of the recommendations in said proclamation. 

The records of 1912 show that the average losses per month in 
the State of Illinois by fire were $1,000,000, or .$12,000,000 per year, 
and that these losses have been increasing rather than diminishing 
in number. 

During that same year, 400 people lost their lives by fire. Most 
of these fires were preventable by the exercise of reasonable care 
and caution. 

Let me again recommend that on October 9, all heating appa- 
ratus and chimneys be carefully gone over and placed in a proper 
condition for winter use, and that the proper authorities in all of 
the cities and villages of the State make a careful inspection on that 
day of all public and private institutions, hotels, asylums, factories 
and theaters, and make such suggestions as will minimize the risk 
of fires. 

Fire drills should be held on that day also, and teachers in the 
public schools should instruct their pupils with short talks on the 
dangers of fire and the simpler means of fire prevention. 

The last Legislature passed a wise law, requiring that all gaso- 
line must be stored in metal receptacles, painted a bright red, and 
marked "gasoline," and the observance of this law will obviate 
many fires, entailing loss of lives; and serious injury. 

I am informed by the fire marshal, that most of the fires that 
occur during the months of October and November are those result- 
ing from defective and dangerous flues in chimneys. 

I earnestly hope that there will be a general observance of the 
admonitions in the proclamation. 



466 DUNNE — JUDGE, MAYOR, GOVERNOR 



ADVISES DEMOCRATS TO VOTE FOR 
C. C. CRAIG. 

Letter to Democratic Voters, October 12, 1913. 

On October 20, Monday, an election will be lield in the Fifth 
Judicial District for Justice of the Supreme Court to fill the vacancy 
caused by the resignation of Justice Hand. 

The Fifth Judicial District is comprised of the following 
counties: Knox, Henry, Peoria, Bureau, LaSalle, Grundy and 
"Woodford. 

The Democratic nominee is Hon. C. C. Craig, of Galesburg. 
Mr. Craig is a lawyer of standing, and a man of integrity. He is 
the son of the late Justice Craig of the Supreme Bench, and, in my 
judgment, he will worthily fill the place which was held so creditably 
and honorably by his father. 

I believe it to be the duty of every Democrat, and every Demo- 
cratic newspaper in the Fifth Judicial District to energetically and 
enthusiastically support the candidacy of Mr. Craig for this office, 
to which I sincerely hope Mr. Craig will be elected. 



DUNNE — JUDGE, MAYOR, GOVERNOR 4G7 



LEGISLATION FOR IMPROVING FARM 

LIFE. 

Statement to Successful Farming, October 17, 1913. 

In answer to yours of the 14tli instant, would state that in my 
judgment legislation along the following lines is essential for the 
improvement of farming conditions in the State of Illinois and 
the surrounding states: 

First. The national banks should be permitted to make loans 
for at least one year upon the security of farms worth at least 
double the value of the loan. 

Second. Tlie small school districts in farming communities 
should be consolidated so that the schools would be attended by 
from 50 to 100 pupils in each school instead of being attended 
b}" from 5 to 15 pupils, as is frequently the case. 

Third. In connection with the common schools there should be 
established exhibition halls and gymnasiinns in which public 
entertainments could be held for the benefit of the children and 
their parents in these communities. In other words, in connec- 
tion with the schools there should be established social centers 
where lectures, stereopticons and other moral and educational 
entertainments could be given for the people in the farming com- 
munities. 

Fourth. There should be coordination between the great uni- 
versities and the township schools in the way of having lecturers 
from the universities to deliver lectures upon scientific and inten- 
sive farming, with practical illustrations upon the land. This 
could be achieved by requiring every student of an agricultural 
college in a university, before he receives an agricultural diploma, 
to write a thesis or essay upon scientific farming which would 
meet with the approval of the stafi^ of the university. This should 
be made a compulsory part of his curriculum, and before receiving 
his diploma, the senior student should be compelled to deliver 
this lecture, Avith practical illustrations, in one or more of the 
primary schools of the State. 

In this way the benefit of scientific agricultural education 
could be communicated to the children of farmers who might not 
be nble to receive the higher education in the university. 



468 DUXNE — JUDGE, MAYOR, GOVERNOR 

Fifth. Fanners should request the distribution of pamphlets 
upon scientific farming which are published in the great universi- 
ties of the agricultural states and evoke and direct the attention 
of their children to these pamphlets, and make every effort to put 
in force practically on the land the suggestions contained in such 
pamphlets. 

These are among some of the things that in my judgment 
should be brought about by legislation and cooperation with the 
higher institutions of learning. 



DUNNE — JUDGE, MAYOR, GOVERNOR 469 



PROTESTS AGAINST ACCUSATION 
AGAINST JEWISH RELIGION. 

Telegram to Judge Edward 0. Brown, October 17, 1913. 

Answering yonr of the sixteenth instant, regret to say that it 
will be impossible for me to be in Chicago Sunday afternoon to 
attend meeting of citizens protesting against blood ritual accusa- 
tion in Beilie case. 

No intelligent person believes for a moment that the Jewish 
religion calls for the sacrifice of human blood under any of its 
rituals. To make such an accusation, even in a court of justice in 
any land in the twentieth century, brands the accuser as a malig- 
nant perjurer or a gullible fool. 

The wonderment is that any self-respecting court could be 
prevailed upon to consider seriously such an accusation. 

Am in hearty sympathy with the object of j^our meeting, 
which I understand is to protest against the farcical claims being 
made in a so-called court of justice. 

Kindl}^ express my views as above to the meeting. 



470 DUNNE — JUDGE, MAYOR, GOVERNOR 



OPPOSES TEACHING SEX HYGIENE IN 

SCHOOLS. 

Letter to President James of the University of Illinois, 
October 18, 1913. 

Dear Sir: 

Yours of the 15tli instaut has been placed before me on my 
return from Hannibal, Missouri. 

As to the first resolution proposed, to-wit: ''Resolved, That 
it is the sentiment of the board of trustees of the University of 
Illinois that, as soon as feasible, a public health laboratory shall 
be established in the university which shall cooperate, as best 
it may, "vvith all the forces now directed to combating human 
disease," you may record me as voting- '"aye". 

With reference to the second resolution, to-wit: "Resolved, 
further, That such instruction in sex hygiene should be given in 
the school of education and in the college of medicine of the 
iJniversity of Illinois as may enable teachers in the public and 
private schools of the State to acquire the information necessary 
to enable them to give suitable instruction and guidance in this 
delicate and important subject," vou mav record me as voting 
"no". 

Modesty is the chief charm of womanhood. The moral teach- 
ings of the Christian religion, if impressed upon the youth of the 
country in the home, are the surest guarantee of the preservation 
of chastity and moral cleanliness in the minds of the j'oung. 

I honestly fear that, if sex hygiene be taught in the schools 
and young boys and young girls in the open classroom are made 
aware of things which may be taught in the line of sex hygiene, 
it may create, and probably will create, in their young minds a 
prurient curiosity which will induce, rather than suppress, im- 
morality and unchastity. 

Personally I would not permit my young and innocent daugh- 
ters to be sent to either a public or private school where sex 
hygiene is discussed in public, in their hearing and in the hearing 
of children of their tender age. 

I think you can trust the mothers and fathers of the land to 
guard their children much better at home. 

I will vote emphatically "no" upon this proposition. 



DUNNE — JUDGE, MAYOR, GOVERNOR 471 



WAS PLEASED TO SIGN WOMAN'S 
SUFFRAGE BILL. 

Letter to Mrs. P. L. DeVoist, October 20, 1913. 

Dear Madam: 

111 answer to yours of the 17tli, am pleased to say that it 
gave me great pleasure, as Governor of this State, to sign the 
Woman's Suffrage bill passed by the last Legislature of the State 
of Illinois. 

This decided and remarkable step forward in the State of 
Illinois resulted from a sane and intelligent presentation of the 
rights of women to a deliberative body without bluster, violence 
or violations of the laws of the State. 

I have long been an advocate of the rights of women to the 
suffrage and am clearly of the opinion that the way to bring 
about this great reform is by an appeal to reason and not by in- 
timidation or violence. 

I wish you in Minnesota success in your efforts to procure 
for the women of that state the rights of citizenship. 



472 DUNNE — JUDGE, MAYOR, GOVERNOR 



VALUE OF BUILDING AND LOAN 
ASSOCIATIONS. 

Address before Illinois Building Association League, 
October 23, 1913. 

Mr. Chairman and Gentlemen: 

It gives me great pleasure to be your guest here today and 
to welcome you to Springfield in the name of the State of Illinois. 
The association which you represent has been long known to 
me and I have watched its progress with great interest. The 
work you are doing, and will attempt to do, has for its object 
conservation of the interests of a movement than which no other 
has done more to promote material and lasting welfare of a very 
great portion of the community. 

It would seem that building and loan associations had their 
origin in England about the beginning of the eighteenlh century, 
among the workmen in factories and mills, who had formed build- 
ing societies. The movement was inaugurated in the United 
States in 1861 in a very humble way, but its growth was imme- 
diate and steady, due to wdse and efficient management, until 
today thei'e are six thousand local building and loan associations, 
having a membership of two and one-half million members, who 
own cooperatively over more than a billion dollars assets, and I 
believe that approximately twelve and one-half per cent of the 
total membership is in Illinois. 

C. S. Cellarius, secretary of the National League of Local 
Building and Ijoan Associations, shows that these associations are 
among the most economically managed financial institutions in 
the vrorld. and that, even in localities where the lending rates are 
comparatively low. they have no difficulty, as a rule, of declaring 
dividends of at least five per cent. Hence an excellent and very 
safe medium for the small investor. 

It should not be imagined, however, that the building aod 
loan society can assure investors of absolute safety. There have 
been at times mistakes and worse, abuses of management, bring- 
ing home to investing members the important fact that they are 
not depositors entitled to interest, but stockholders, every one 
entitled to his proportion of the profits, but also, liable for his 
proportion of the losses. 



DUNNE — JUDGE, MAYOR, GOVERNOR 473 

But after all, the record of these local societies is remarkably 
clean. Next to the carefully regulated savings banks, probably 
no other kind of institution is more fit to cater to the needs of 
the small investor. 

It would be a wholesome thing to see them commanding a 
large part of the small savings of the Nation, to the exclusion of 
some of the more modern installment, investment schemes of 
doubtful stability. 

Not only are local building and loan associations beneficial, 
as an incentive to thrift and conservative and profitable invest- 
ments, but they are likewise essentially democratic in their in- 
fluences, tending as they do to promote a strong fraternal feeling 
among their members. 1'hese associations should remain local 
institutions. A great authority on these matters, Judge Sey- 
mour Dexter, says in part ; * * * "The moment these institu- 
tions become extended in the conduct of their business over large 
territory, that moment many of the elements of safety involved in 
the local association methods are necessarily eliminated, and 
dangerous ones substituted in their place. They are no longer 
building and loan associations, because no longer conducted on 
the methods on which these associations have won their success 
and grown into fame." 

The usual and well known investments, customary in insur- 
ance business, such as endowment, paid up policies and loan 
values,, in themselves, are very beneficial, but building and loan 
associations provide immediate returns to the investor and much 
of the future profits, so to speak, are enjoyed at first hand, 
whereas insurance regulations compel the investor to depend on 
future benefits. 

The laws of the State of Illinois governing homestead, build- 
ing and loan associations, are very benign, both to the members 
in their corporate capacity and as investors, insuring justice to 
the one and protection to the other, promoting the while equit- 
able and just cooperation. It is not contended, however, that 
these laws are perfect, nor yet even closed to improvement, but in 
their present form they work hardships on none and serve the 
purpose for which they were enacted. 



474 DUNNE — JUDGE, MAYOR, GOVERNOR 



URGES PUBLICATION OF LINCOLN'S 
GETTYSBURG ADDRESS. 

Address to the Public, November 3, 1913. 

In connection with the exercises which the Superintendent of 
Public Instruction has authorized and directed in the public schools 
and other educational institutions of the State on Gettysburg Day, 
November 19, 1913, pursuant to the Governor's proclamation of 
October 16, 1913, it has been suggested to me, and I believe it to 
be a wise and patriotic act so to do, that the newspapers of the State 
should publish in full on that day, the brief but immortal addi:ess 
of President Lincoln, delivered on the Gettysburg battlefield. 

Every citizen, young or old, in the State will be pleased to have 
called to his recollection this great address on the 50th anniversary 
of its deliver}^ 



DUNNE — JUDGE, MAYOR, GOVERNOR 475 



CONSERVING POWER RIGHTS AT 
JOLIET. 

Letter to Sanitary District, November 11, 1913.. 

I am in receipt of an argument signed by the Illinois and Michi- 
gan Canal Commissioners, which in substance sets out that the 
project of the Sanitary district to develop and utilize the water 
power below Joliet at Brandon road, will, if carried out, produce a 
water power worth $18,000,000.00 or thereabout, and that the cost 
of so doing would be $7,000,000.00, leaving to the Sanitary district 
a net profit of $11,500,000.00 or thereabout. 

They also contend that, in the prosecution of said work, the 
Sanitary district would take from the State and destroy a water 
power worth, $4,750,000.00 as follows: water power at Jackson 
Street, $3,500,000.00; water power on Channahon level, $250,000.00; 
water power rights between Jackson and South Streets, $1,000,- 
000.00. Their contention is that before the administration should 
commit itself to the project suggested by the Sanitary district, 
some arrangement should be made to compensate the State for 
the water power now owned by it, which they value at said 
$4,750,000.00. 

In view of the fact that before you can succeed in carrying 
out your proposed project, as outlined to me, in the recent confer- 
ence in the Governor "s office, it will be necessary for -you to carry 
to a conclusion the condemnation proceedings, now pending against 
the Public Service Company, which owns the property sought to be 
condemned, I have reached the conclusion that you should carry on 
your condemnation suit to a final examination in a court of last 
resort. As the condemnation suit was commenced some years ago, 
when the property probably was not as valuable as it is today, in 
my judgment, it would be a great mistake to abandon the law suit 
now, and be compelled to commence another suit hereafter, if the 
State or any arm of the government in the State should deem it 
necessary to acquire the water power rights and property at Bran- 
don road. 

I think that the final disposition of the question as to whether 
the State itself, or the Sanitary district, or the Illinois and Michi- 
gan Canal Commissioners should develop a water power at Brandon 
road, ought to be left in abeyance until they dispose of the con- 



476 DUNNE — JUDGE, MAYOR, GOVERNOR 

demnation suit. It will take some time to dispose of this litigation 
ill court, and after the Sanitary district has acquired the property 
at Brandon road in question, it will be then time enough to deter- 
mine whether the water power which can be created at this point 
should be owned and developed by the State itself, the Sanitary 
district, the Illinois and Michigan Canal Commissioners, or some 
special corporation, organized for that purpose, and upon what 
terms and conditions, as between the State and the corporate body, 
which finally conserves and created the power. 

Of course, we all agree that the water power, there potentially 
existing, should be conserved for the public, but it is at the present 
time unnecessary to find and determine what particular arm of the 
Government should develop and utilize it. 

I would, therefore, respectfully state, in my judgment, that the 
Sanitary district should push through its condemnation proceedings 
to finally determine and acquire the rights of Brandon road by 
condemnation, as cheaply and quickly as possible. 



DUNNE — JUDGE, MAYOR, GOVERNOR 47' 



EUROPE, NOT ENGLAND, IS THE 

MOTHER COUNTRY OF 

AMERICA. 

Letter to John A. Stewart, November 18, 1913. 

John A. Stewart, Chairman of the Executive Committee of the 
"American Committee for the Celebration of the 100th Anniver- 
sary of Peace Among English-Speaking Peoples," wrote Governor 
Dunne requesting him to take certain action favoring the cele- 
bration. 

November 21, the Governor wrote Mr. Stewart that he was in 
favor of broadening the scope of this celebration. In his letter to 
Chairman Stewart, Governor Dunne said : 

' ' I am, however, very strongly in favor of broadening the scope 
of this celebration. We should celebrate not only peace which lasted 
for a century between English-speaking peoples, but peace between 
this country and every other great nation of Europe with whom we 
have been forever at peace. 

Why discriminate between these nations and Great Britain? 
Europe, not England, is the mother country of America. 

I note that your Committee in Richmond is broadening the 
scope of this celebration so as to take in Germany, France, Rvissia, 
Norway, Sweden and other European countries. Cannot this be 
arranged before the committees are designated?" 

January 6, 1914, Mr. Stewart wrote Governor Dunne, asking 
him to take the initiative with the Legislature in bringing about 
such action as would mean official State participation in the celebra- 
tion of the "American Committee for the Celebration of the 100th 
Anniversary of Peace Among English-Speaking Peoples," and ask- 
ing him to make some public recommendation. 

Mr. Stewart, in his letter, also requested Governor Dunne to 
kindly increase the number of the State committee to 100 or more. 

In answer to that letter. Governor Dunne sent Mr. Stewart the 
following communication : 



January 27, 1914. 

Dear Sir : Your favor of the 6th instant requesting me to 

take the initiative with legislative representatives of the State 

of Illinois in bringing about official State participation in the 

apj)roaching celebration on the 17th and 18th of February, 1915, 



478 DUNNE — JUDGE, MAYOR, GOVERNOR 

and asking me to appoint a State committee of 100 or more to co- 
operate in the celebration reached me in due course. 

I did not answer promptly because 1 thought the matter was 
worthy of careful consideration, and because there are several 
matters in connection with this celebration which had given me 
considerable thought, and which I wished to discuss dispassion- 
ately with you before taking action. 

Some time since I wrote you suggesting that the scope of the 
celebration should be widened so as to take in all the nations with 
whom we have been at peace for a century or over. I learn 
from your letter some such action has been taken. In other words, 
that you are to take in "France, Germany and other nations of 
the world." I find, however, that your committee still retains 
the name "The American Committee for the Celebration of the 
One Hundredth Anniversary of Peace Among English-Speaking 
Peoples," and I find, by examining the printed account of the 
proceedings held by the American committee, in conference 
December 3 and 4, 1913, at Richmond, Virginia, that your 
program is almost exclusively concerned with exercises and ser- 
vices in commemorations between this country, Great Britain and 
Canada, while but very little, and those, very obscure arrange- 
ments, are made for celebrating peace witli the other great nations 
of the world. 

I am in favor of celebrating a century of peace between this 
country and Great Britain or any country, and earnestly hope 
that such peace will be continuous, but it must be remembered 
that while we have had peace for a century with Great Britain, 
we have had peace perpetually with France. Germany, Russia, 
Sweden, Norway. Austro-Hungary, Italy, Japan, China, and most 
of the great nations of the world. 

We have had two wars with Great Britain and none with 
these other countries, and the peace betAveen the United States 
and Great Britain was seriously imperiled during our "War of the 
Rebellion. "Europe, and not England, is the mother country 
of the United States." This is particularly true of the great 
State of Illinois. AYithin the confines of this State we have 
hundreds of thousands of Germans ; hundreds of thousands of 
Poles; thousands of Swedes; a large Italian population; many 
thousands of Austro-Hungarians; Bohemians; Greeks and Rou- 
manians. All of these elements are gradually being moulded into 
good xVmerican citizenship. 

If I appoint a committee of 100 to participate in this cele- 
bration of peace, and they find that it is under the auspices of 
an organization whose verv name indicates that it is to celebrate 



DUNNE — JUDGE, MAYOR, GOVERNOR 479 

"peace between English-speaking peoples," these representa- 
tives of the diiferent nationalities who have come from all the 
diiferent nations of Europe or which are descendants from those 
w^ho have come from the other nations of Europe may be in- 
clined to question w^hy they are called upon to participate in a 
celebration which is limited to a celebration "among English- 
speaking peoples." 

1, therefore, respectfull}- suggest that it would be wise on 
the part of your committee to take action changing the name of 
the organization to one organized for the celebration "of a 
century of peace" without the limitation "among English-speak- 
ing peoples." This celebration would then be a cosmopolitan 
celebration at which could be present, in some of the great cities 
of the country, the ambassadors of Great Britain, France, Ger- 
many, Russia, and other great countries with whom we have been 
at peace for a century or over, and the proceedings would be 
divested of the narrowness arising from a celebration between 
Great Britain and this country. 

Upon the committee of 100 named by me ought to be citizens 
of not only English, Irish. Scotch and "Welsh blood, but of Ger- 
man, French, Norwegian, Swedish, Russian and Italian, and other 
of the bloods represented in this great commonwealth. 

The era for the solving of all disputes by international arbi- 
tration is upon us. I am heartily in favor of celebrating a cen- 
tury of peace with all nations, but I am firmly of the opinion that 
it ought to be so wide in character so as to embrace not only two 
nations, but all nations who have lieen at peace for a centurv 
and over. 

Governor Dunne is now extremely pleased to note that the 
title of this organization has been changed from the "American 
Committee for the Celebration of the One Hundredth Anniversary 
of Peace Among English-Speaking Peoples" to the "American 
Peace Centenary Committee." 

February 28, 1914, Mr. Stewart wrote to Governor Dunne 
requesting the Governor to write to certain Congressmen and 
United States Senators, urging favorable consideration of a meas- 
ure to appropriate $100,000 for the expenses of a commission of 
several members to be known as "The Peace Centenary Com- 
mission." 

Complying wdth that request. Governor Dunne on IMarch 3, 
1914, wrote the following letter to Hon. John J. Fitzgerald, chair- 
man of the appropriations committee of the House of Representa- 
tives, and to certain United States Senators : 



480 DUNNE — JUDGE, MAYOR, GOVERNOR 

March 3, 1914. 
Dear Mr. Fitzgerald: 

1 am requested by Mr. Johu A. Stewart, ehairmau of the 
American Peace Centenary Committee, to write to you, requesting 
your favorable consideration of House Bill No. 9302, introduced 
by Hon. Charles Bennett Smith, carrying an appropriation of 
$100,000 for the payment of expenses of a commission of seven 
members to be known as the "Peace Centenary Commission." 

The American Peace Centenary Committee "was originally or- 
ganized and called ' ' The American Committee for the Celebration 
of the One Hundredth Anniversary of Peace Among English- 
Speaking Peoples." 

They wrote letters to a great many people in public life, 
including myself, soliciting our support in the movement. When 
they wrote me I answered, stating in substance that I was in favor 
of the celebration of a centenary of peace between this Nation and 
Great Britain, and all other countries, but that I saw no good 
reason why they should have selected simply the English-speaking 
peoples nations as those to whom the celebration should be 
confined. 

I reminded these gentlemen that this country has had eternal 
peace with the great German nation, with the great French Re- 
public, Norway, Sweden, Italy, Austro-Hungary, and most of the 
great nations of the world. That not only had we eternal peace 
with the French Republic, but that the French people had enabled 
us by their assistance and support, at a critical time, to be-^.ome 
a nation. 

I pointed out to them that the best brain and brawn of Ger- 
many, France, Sweden, Russia, and other great nations had con- 
tributed to the upbuilding of this great cosmopolitan Nation, and 
that "Europe, not Great Britain, is the mother country of 
America," and suggested that their celebration was too narrow 
in its avowed objects, that the very name of the association in- 
dicated that it was to be a British-American celeliration. and 
that the program agreed upon seemed confined to the glorifica- 
tion of peace between Great Britain and this country, to the ex- 
clusion of all other nations. 

In answer to my letters to them on this line they now an- 
nounce that they have changed the name from "The American 
Committee for the Celebration of the One Hundredth Anniversary 
of Peace Among English-Speaking Peoples," to "American Peace 
Centenary Committee," which I am glad to approve. They have 
also announced in their literature that they intend to make the 
celebration cosmopolitan in its character. 



DUNNE — JUDGE, MAYOR, GOVERNOR 481 

Upon this understaiidiug I cheerfully recommend the making 
of an appropriation for the purpose of celebrating a century of 
peace between this country and most of the great nations of the 
earth, and that the bill, in my judgment, should mention the 
names of the other countries, as Avell as Great Britain, and that 
the bill should provide that the funds should be expended for a 
cosmopolitan celebration in which the ministers and ambassadors 
of all the countries of Europe and the Orient should be invited 
to participate. 

I had much pleasure in meeting you in Washington recently, 
and think that you will agree with me that the above suggestions 
are wise and prudent. 



-16 



482 DUXXE — JUDGE, MAYOR, GOVERNOR 



BISHOP JOHN L. SPALDING. 

Letter to Peoria Knights of Columbus, November 20, 1913. 

The press of public business here in Springfield will prevent 
my being present at the banquet to be given by your organization 
in honor of the Golden Jubilee Celebration of the Most Reverend 
John Lancaster Spalding, Titular Archbishop of Scitopolis, on next 
Monday. 

In common with thousands of my fellow citizens, I have always 
had intense admiration for Bishop Spalding not only as an ecclesi- 
astic of our church, but as a citizen of the Repulilic. His sympa- 
thies, public utterances and public writings on civic matters have 
ever and always sounded true in their advocacy of popular rights. 
His sterling democracy has endeared him to all who believe in the 
rule of the people. 

His labors for education and religion have accomplished won- 
ders in Peoria and throughout the land. I hope and trust that his 
life may long be spared to continue the splendid work he is further- 
ing in education, religion and patriotism. Love of God and love of 
country has always manifested itself in everything he has said, done 
and written. 

I regret exceedingly that I cannot be personally present and 
participate with you in doing him the honor he so well deserves. 



DUNNE JUDGE, MAYOR, GOVERNOR 483 



UPON THE CONDITION OF STATE 
TREASURY. 

Statement to the Public, December 9, 1913. 

Upon my return from Washington, I find in the public press 
0* December 3, a statement by former Governor Deneen, in answer 
to the statement issued on November 29 by the State Tax Com- 
mission of this State, in which it is pointed out that, by failure to 
fix adequate tax rates in the year 1911 and 1912, the State Tax 
Commission of the last administration created a deficiency between 
the amount ordered by law to be raised and the amount actually 
raised by taxation of $5,424,730. 

In this statement of Governor Deneen, he does not deny these 
facts but attempts to muddy the waters by declaring, "That there 
was on hand in the treasury on January 1, 1913, a cash balance of 
$4,258,664.21, and in the various State institutions $1,012,546.39, 
making a total of $5,271,210.60." 

Why he should select January 1, 1913, as the pregnant date 
upon which to show the condition of the public treasury, I cannot 
understand. Why did he not take February 3, 1913, that being the 
date that Mr. Mitchell, former Treasurer, turned over the money 
in the treasury to AVilliam Ryan, Jr., the present State Treasurer. 
On that date, February 3, 1913, Mr. Mitchell turned over to William 
Ryan, Jr., the present incumbent, $3,564,689.49, against which there 
were outstanding on that date $904,293.05 in warrants actually 
issued by his administration, leaving a net balance on that date in 
the treasury of only $2,660,396.44, against which there remained on 
that date a balance of unexpended appropriations made by the 
Forty-seventh General Assembly of $8,234,853.88. Moreover Gov- 
ernor Deneen does not state that, during the month of Jarniary, 
1913, he signed requisitions for funds for H. A. Haugin, Treasurer 
of the University of Illinois, aggregating $958,158.08. 

In other words, when Mr. Deneen, former Governor, Mr. 
Mitchell, former Treasurer, and Mr. McCullough, former Auditor, 
stepped out of office there was only $2,660,396.44 in the treasury 
over and above outstanding warrants, most of which outstanding 
warrants, amounting to $904,293.05 were presented for payment 
within a few days. This balance, $2,660,396.44, was all that was 



484 DUNNE — JUDGE, MAYOR, GOVERNOR 

left in tlie treasury to take care of liabilities created by appropria- 
tions, then in existence and unpaid, aggregating $8,234,853.88. 

Moreover in addition to this lamentable condition of the treas- 
ury, the Forty-eighth General Assembly found, upon assembling, 
that it was necessary to enact deficiency appropriation bills to cover 
liabilities incurred prior to that date by the Secretary of State's 
office. Board of Contracts, Treasurer's office, Auditor's office, and 
Live Stock Board, aggregating $500,000.00 or thereabout. 



DUNNE— JUDGE, MAYOR, GOVERNOR 485 



AGAIN OPPOSES TEACHING OF SEX 
HYGIENE IN SCHOOLS. 

Address to the Illinois State Teachers' Association, 
December 29, 1913. 

Mr. Chairman, Ladies and Gentlemen : 

It gives me much pleasure, as the Governor of this State, to 
address a few words of welcome to the hard-working teachers of the 
Illinois State Teachers' Association, and to wish from my heart that 
their deliberations and discussions, during the present meeting, will 
be fruitful of good results, not only to the teaching profession, but 
to the children, pupils of this State. 

Yours is a profession of the utmost importance to the commu- 
nity. The fathers and mothers of this State are placing under your 
control, for their development and education, the children whose 
future is a matter of the utmost importance to the parents. 

If wisely and effectively instructed, both from the material and 
moral standpoint, their children will develop into useful citizens of 
the community. If instructed in a haphazard and inefficient man- 
ner, these children will not become as useful citizens as though well 
instructed. 

Yours is a profession calling for patience, self-abnegation, con- 
stant industry, intelligence and tact, without the larger remunera- 
tion which is often the return in other professions. Necessarily you 
are men and women of intelligence and of good education. Other- 
wise you could not fill the positions that you now occupy, and yet 
the rewards for your intelligence and education in your profession 
are frequently not the rewards that follow the prosecution of other 
professions. 

I have always had a warm spot in my heart for the teachers of 
this State, since the time that I found, when I was in public office, 
that they were among the most aggressive and intelligent leaders of 
public thought on the great questions of the day. When I was 
mayor of the city of Chicago, I had with me, in sympathy of action, 
the teachers of that great city, in the effort to bring about reforms 
of momentous importance. 

I do not pretend to be at all familiar with pedagogic science, 
and I have no doubt, if I were able to spare the time to attend all 
the deliberations of your conference, that I might be most intelli- 



486 DUXNE — JUDGE, MAYOR, GOVERNOR 

gently instructed upon the science of teaching, but the press of 
public business will debar me from availing myself of the oppor- 
tunities that might be presented by attending these conferences. 

I have but a few words to say upon a topic, which, by reason of 
my official position, I have been compelled to express myself upon 
within the last few days. 

As ex-officio trustee of the University of Illinois, one of the 
greatest institutions of learning in the Northwest, I have been called 
upon to record my vote on the question as to whether or not the 
university should provide in its curriculum for a series of lectures 
or a course of instruction which would enable the teachers of this 
State to teach sex hygiene to the pupils of the State. 

On this question I hold firm views as a husband and father, 
which I think it will not be amiss for me to state to this conference. 

If the teachers of this State are to be prepared for the giving 
of lectures or instructions upon sex hygiene, it contemplates inevi- 
tably that such teaching will be given to those whom they are to 
instruct. Those whom they are to instruct are almost without excep- 
tion children of tender years. 

Owing to the splendid laws which have prevailed for years 
in this State favoring education for the young, ^ve can proiur}^ 
now boast that illiteracy among adults is almost unknown. You 
know, and I know, that the pupils that you are teaching, and will 
teach, are children in the grammar schools between the ages cf 
C and 15 years. 

The proposition to teach these young children in open class 
the secrets of sex hygiene, the methods of reproduction of the 
species, the mysteries of the organs of generation, is, to my mind, 
as a husband and a father, a horrible mistake. The teachings 
of the Christian and Jewish religions inculcate chastity and 
modesty. 

Modesty is the crowning glory of girlhood and womanhood, 
and the teaching of such subjects, even in the most chaste and 
guarded language, in open classroom where children between the 
ages of 6 and 15 years are gathered together, in my humble judg- 
ment, will rob girlhood of its modesty and boyhood of its decency. 

There is a time in the life of the young boy and girl, Avhen 
that boy and girl should be warned of the dangers that follow 
from undue intimacies between the sexes, and a place for such 
instruction. That time is when that boy or girl is about to leave 
parental control, and the place is in the quiet of the home where 
the father or mother can address his child in private, and open 
to his view the dangers that may result from intimacies between 
the sexes. 



DUNNE — JUDGE, MAYOR, GOVERNOR 487 

To talk out in the open in the public schools, in the presence 
of girls and boys of the same age, in my judgment, will not be 
productive of protection to the young, but will, on the contrary, 
induce at that age a prurient curiosity for further information 
which the children will procure in a way that violates all modesty 
and decency. 

In my view, the teaching of sex hygiene should come direct 
from the parents of the child, at that age when such instruction 
becomes absolutely necessary, and should not be committed to any 
one else, particularly to a teacher in the open classroom. I 
fnvor instruction upon sex hygiene to the mothers and fathers 
of the land. I favor the printing of pamphlets and treatises 
and that they be placed in the hands of fathers and mothers of 
the land. I favor education of the parents to impart this knowl- 
edge at the time and under circumstances when it becomes abso- 
lutely necessary. This can be done without violating the rules 
of modesty and decency. The teachers of the State have enough 
in their curriculum at the present time to fully occupy their 
1im,e, and to place upon their shoulders the responsibility of im- 
parting sex secrets to children in the open classroom, in my judg- 
iiT^nt. would be a blunder and mistake. 

Again let me.Avish }'ou the successful and fruitful conference. 
My earnest good wishes go out to the teachers of the State of 
Illinois. 



488 DUNNE — JUDGE, MAYOR, GOVERNOR 



ON THE OPENING OF THE NEW YEAR. 

Statement to the Public, December 31, 1913. 

The new year opens auspiciously. 

For years an agitation has been carried on throughout the 
country for the reduction of the tariff upon imports, which agita- 
tion has kept business in an unsettled condition. 

Within the last few months the new tariff law reducing the 
tariff on most imports has been placed upon the Federal statute 
books. This was done after mature deliberation, and with full 
notice to the community. Now business can adjust itself to the 
requirements of the new law, and business men can develop their 
enterprises upon the basis of that new law. 

Financial panics heretofore, resulting from the inelasticity 
and stringency of the money markets, has occasioned widespread 
financial distress. 

The new currency act, just placed upon the Federal statute 
books after mature deliberation and ample opportunity for dis- 
cussion, as the result of which many concessions were made to 
meet the requirements of banking, has noAV become crystallized 
into law, and the effect of this law, it is even conceded by bank- 
ers, is to provide against the inelasticity of the currency which 
has heretofore been the cause of such panics, and will provide 
means and methods for avoiding most of these financial troubles. 

We are at peace with the world. 

The course of the administration in dealing with the Mexican 
question indicates that we cannot be provoked into a warlike con- 
troversy with our sister republic of the south. 

The jMexicans, owing to their unfortunate internecine war- 
fare, have well nigh reached the limit of endurance. Peace will 
soon again come to this unhappy land. In any event there is 
no likelihood of war between Mexico and the United States. 

Fortunately we are more than ordinarily free from the 
struggles between cai)ital and labor. Jn the Calumet region alone 
is there disorder and discontent. Let us hope that both sides 
to this controversy will soon display the spirit of conciliation 
and concession, and put an end to this unfortunate blot upon the 
industrial situation of the day. It is high time, unless they show 
disposition so to do, for a thorough investigation to be made as 
to the causes of this controversy, and vigorous effort should be 
made to adjust the trouble. 



DUNNE — JUDGE, MAYOR, GOVERNOR 489 



ON THE ADMINISTRATION OF 
PRESIDENT WILSON. 

Address to Democratic State Convention, Springfield, 1914. 

Fellow Citizens: 

At the invitation of the Democratic State Committee it gives 
me great pleasure to be with you today and discuss some of the 
important issues of the present campaign. 

The present Democratic Congress, I believe, has given the finest 
exhibition of unswerving duty and loyalty to public interest of any 
Congress in history. Since the fourth of March. 1913, the members 
of the Senate and House of Representatives, at the call of our great 
patriotic President and leader of the Democratic party, have re- 
mained in continuous session, loyally upholding the hands of the 
President in carrying out the great reforms pledged by the Demo- 
cratic party during the campaign of 1912. 

Throughout the long, hot, trying months of midsummer, when 
the rest of us were endeavoring to take a little respite from the heat 
and prostration incident to an American summer, our brilliant, 
eloquent and industrious Democratic Senator and Democratic Con- 
gressmen from this State, at the call of the President, with great 
personal discomfort, and often at great risk to their health, remained 
at Washington, crystallizing Democratic pledges and Democratic 
policies into national law. 

Never was more loyal support given to a President by his party 
than has been the support given by our representative, Senator 
Lewis, in the upper House, and by our splendid representatives in 
the lower House of Congress. Today and during the whole of this 
campaign those loyal friends of the people remain in their seats in 
Congress, neglecting their own interests of reelection for the benefit 
of the people. Under such circumstances, and at such a time, it 
behooves therefore every Democrat who believes in the policies of 
President Wilson and the Democratic party to do all he can to 
secure the election of our Democratic candidates for the Senate and 
the lower House. 

The Democratic party has been enthroned in power in Wash- 
ington and throughout most of the states for the last eighteen 
months, and today that party presents a record to the people for 



490 . DUNNE JUDGE, MAYOR, GOVERNOR 

its approval or disapproval. What the verdict will be, I believe 
admits of no doubt. It is a record of achievement seldom displayed 
by any party in so short a period. When the Democratic party, 
under President Wilson, took office on the fourth of March, 1913, 
it was confronted with the following situation : 

First. In Mexico there were commercial and industrial dis- 
turbances and war inviting international complications. A usurper 
whose only credentials were the assassination of a duly elected presi- 
dent, demanded recognition as the accredited ruler of the nation 
and a Republican administration were inclined to give him such 
recognition. 

Second. There was a long standing demand ignored by Repub- 
lican administrations for an income tax law, which demand was 
overwhelmingly reiterated at the election in 1912. 

Third. An imperative demand for reform currency legislation, 
long promised and never given by Republican administrations. 

Fourth. The public demand for a consistent revision of the 
tariff" downward, oft promised but never given by Republican ad- 
ministrations. 

Fifth. An uncertain and unfortunate condition of the law and 
administration of same in dealing with the evil practices of big 
business, and a futile effort to control the trusts and monopolies 
of the country. 

To these were added within recent months tremendous and 
unexpected problems arising out of the awful European war which 
interrupted and deranged industrial production, commerce, finance 
and ocean transportation throughout the world. How have these 
complications been met during the eighteen months of the Demo- 
cratic administration? Mark the result. 

First. The Mexican situation has been dealt with in a spirit 
of firmness, with justice, and without bluster. We have avoided 
war without compromising our dignity as a great nation, conserved 
American blood and treasure, avoided international complications 
and set the Mexican people well on the road to a new era of peace 
and constitutionally organized government. 

Second. An ecjuitable income tax law has for the first time been 
placed on the statute books, and is being impartially enforced, thus 
securing from the wealthy and powerful, for the first time in Ameri- 
can history, reasonable and proportionate contributions to the bur- 
dens of government. 

Third. A currency law that meets with practically universal ap- 
proval enacted and now in process of being put into effect, cordially 
assented to by the bankers and the whole community. 

Fourth. Antitrust laws are being enforced with a siiigle eye to 
ending bad practices, not merely for the sham-battle purpose of 



DUNNE — JUDGE, MAYOR, GOVERNOR 491 

"making a record." and new legislation to correct obscurities and 
inconsistencies in the old antitrust laws. 

Fifth. Dollar diplomacy in the State Department has been abol- 
ished by our great Secretary of State, and the doctrine of human 
rights substituted therefor. 

Sixth. We have revised the tariff downward on the necessities 
of life pursuant to our campaign pledge of 1912. 

Seventh. The dangerous and insidious lobby which has haunted 
the halls of Congress for decades past has been driven out of the 
Capitol. 

Eighth. The Panama Canal has been completed and opened to 
the commerce of the world. 

Ninth. By law, the great national treasure house of Alaska is 
being opened up and nationally-owned railroads authorized and a 
survey therefor begun. 

Tenth. Popular election of United States Senavors has been 
made effective. 

Eleventh. Two great railway strikes have been averted by 
arbitration and the coal strike settled. 

Twelfth. The telephone and telegraph trusts have been dis- 
solved. 

Thirteenth. The parcel post has been extended and made 
cheaper to the people. 

Fourteenth. Express rates and charges have been reduced as 
the result of national competition. 

Fifteenth. More remedial labor legislation has been enacted 
upon request of laboring men than was ever enacted by all previous 
Republican administrations. 

Sixteenth. The problems and situations suddenly arising from 
the European war have been met firmly, promptly and patriotically. 
The country has been preserved from a financial crisis. AVar insur- 
ance for American cargoes has been provided, and legislation has 
been enacted that will re-create the American merchant marine and 
again place the American flag upon the high seas of the world. 

Thanks to the prompt and intelligent action of a great peace- 
loving President and his peace-loving Secretary of State, we remain 
at peace with all the world. We have laid the foundation for bring- 
ing about peace between the warring nations and we have success- 
fully consummated as a standing monument to the constructive 
genius of the Democratic party, twenty-five treaties of peace and 
arbitration between this Republic and twenty-five other nations, 
comprising within their boundaries over two-thirds of the popula- 
tion of the globe. 

This is the record of eighteen months of a Democratic adminis- 
tration. Where in the history of American Presidents can we find 
so extraordinary a record in so short a time? 



492 DUNNE — JUDGE, MAYOR, GOVERNOR 

lu addition to these accomplishments, the President and the 
Democratic Congress are now engaged seriously, studiously and 
conservatively in amending the antitrust legislation o^ the Nation 
in such a way as to protect legitimate industries against the curse 
of monopoly. 

Upon this record the Democratic party stands and asks the 
approval of the people of the United States. The Democratic Con- 
gressmen of this State unselfishly remain at Washington, leaving 
the verdict to your just and impartial consideration. 

A vote for our candidate for the United States Senate and the 
Democratic candidates for Congress is a vote of endorsement of the 
President. A vote against them is a repudiation of this splendid 
record of the Democratic party. 

Tavo years ago you placed in power in the State and in the 
Nation President Wilson and your Democratic representatives in 
Congress. After eighteen months of constant session they have 
placed before you this record. Can there be any doubt in the mind 
of any clear-minded citizen, no matter to what party he may be- 
long, as to what should be the verdict of the people ? 

Do you favor revision of the tariff downward? If so, the 
Democrats have revised it downward. Already in wholesale prices 
the effect of that tariff is being felt, and long before the next Presi- 
dential election retail prices will demonstrate the efficiency and 
wisdom of that revision downward. 

Do you favor the imposition of an income tax? Nearly every 
civilized country on earth has such a tax, and yet the Republican 
party for sixteen years had prevented the enactment of this wise 
and just law. If you favor an income tax, the Democratic party, 
for the first time in American history, has placed it effectively upon 
the statute books. The income tax law is a law which compels the 
ricli to pay their fair share of the burdens of running the Govern- 
ment. Why should they not ? 

Do you favor legislation w^hich w^ill abolish financial panics? 
If so, the Democratic party has given it to you. For one-half 
century under Republican rule, we have been periodically visited 
with financial crashes as the result of an unwise and unskilful 
condition of the currency laws, under which the bankers of Wall 
Street concentrated all the wealth of the country in the hands of 
a few. The new currency law enacted by the Democratic party 
is admitted by the bankers themselves to be of so wise and com- 
prehensive a character as to prevent the concentration of this 
wealth in the future as it has been in the past, and permits the 
bankers of the country to obtain relief in case of stringency by 
pledging their assets in the hands of the general Government. 



DUNNE — JUDGE, MAYOR, GOVERNOR 493 

During Republican administrations the great financial powers 
were in the habit of making loans to the smaller nations and in 
forcing the collection of these loans by Federal gunboats. This 
utilization of governmental power as a debt collecting agency has 
stopped. Human rights instead of dollars are now the interests 
protected by our Department of State. 

For decades past, under Republican rule that party and its 
representatives have been coerced and intimidated by the great 
interests into passing laws favoring gigantic corporations and 
combines. For that purpose these great interests during Repub- 
lican rule have maintained permanently in the Capitol a danger- 
ous and insidious lobby, which has exerted tremendous and malign 
power upon the law-making machinery of the Republic. That 
lobby the Democratic party has driven from the Capitol, and 
exposed to the sunlight of investigation. The third House has 
been abolished, and I trust forever. 

Under Republican rule it was the policy to permit the natural 
resources of newly developed territories to be given away and 
monopolized by the great interests or to tie them up so as to 
place them beyond the reach of ordinary settlers. The Demo- 
cratic party has compelled a change in this procedure, particu- 
larly in reference to the tremendous riches lately discovered in 
Alaska. It has moreover authorized the building of the first 
nationally oAvned railroad to develop and lay bare those great 
riches for the common use and benefit of all* prospectors and 
settlers, and today American engineers are penetrating into the 
interior of Alaska, laying out the line of that great railroad. 

Under Democratic rule we have made effective the popular 
vote for United States Senator. The last senatorial deadlock 
has taken place in the State of Illinois. The people have been 
given the right to vote directly for their Senators and no more 
will we hear of the scandalous intrigues which have heretofore 
frequently disgraced the different states in the election of United 
States Senators. 

But above all the things accomplished by the Democratic 
party has been the preservation of peace between this country and 
all other nations. 

"When the Republican party went out of power there was a 
very difficult and delicate situation existing between this Republic 
and the Empire of Japan, which it was feared for a time might 
develop into warfare between the nations. Our great Secretary 
of State has so conducted the diplomacy of this Government in 
dealing Avith Japan that all danger of war has now been averted 
and a good will and harmony exist between the two countries. 



494 DUXXE — JUDGE, MAYOR, GOVERXOR 

lu Mexico, internal war was raging and private property 
interests of great magnitude were demanding the recognition of 
a usurper and assassin to the furtherance of their own selfish 
interests. To the credit of this country President Wilson took 
the stand that no government which had been erected upon the 
ruins of constitutional government by the weapons of assassins 
should receive recognition as a de facto government, and when 
uniformed Mexican bravos imprisoned our marines without justi- 
fication and flouted our flag, he refused to be forced into a decla- 
ration of war with a sister republic, even though that sister re- 
public could have been crushed like an eggshell by our armed 
forces. 

Wisely and prudently he avoided war. He seized a maritime 
port of Mexico and held it until time could be given to that dis- 
tracted republic to compose its affairs and then apologize for the 
injury done. To seize this port in the assertion of dignity of 
the American flag and to hold it until a proper amend could be 
made has averted a great war, and has cost the United States 
but $6,000,000.00. 

Contrast this, my friends, with the spectacle of events now 
presented to us in Europe. Day after day the unfortunate na- 
tions now engaged in this insane war are spending $50,000,000.00 
a day, and at least 500,000 corpses are now buried in trenches 
upon the battlefields as a tribute to the Moloch of war. Half a 
million of widows and orphans are being deprived of their mean? 
of support, and the end is not yet. 

Thank God, during the last six months we have had a man in 
the White House who was a disciple of the Prince of Peace. 

Let us now turn to the Democratic administration of the State 
to see what it has accomplished and whether or not it has been 
loyal to public interests and faithful to the trust reposed in it. 

Although you elected a Democratic Governor by the huge 
plurality of about 125,000, a Republican gerrymander of legis- 
lative districts, made when they held absolute control of the law- 
making power of the State, prevented you from obtaining a legis- 
lative majority in either House of the Legislature. Nevertheless, 
a Democratic Governor pressed upon both Houses many great 
reforms demanded by the people, and by demanding a record vote 
thereon succeeded in getting most of these reforms into the 
statutes of the State. The Governor in his inaugural message 
recommended the follo-wnng reforms which are now a part of the 
law of the land : 

First. Ratification of the amendment to the Federal Constitu- 
tion providing for the election of United States Senators by the 
direct vote o* the people. 



DUNNE — JUDGE, MAYOR, GOVERNOR 495 

Second. The creation of a pnblic utilities act under which a 
commission has complete and absolute control of the great public 
utilities of the State, and is enforcing rules and regulations for 
the thorough portection of the people. 

Third. Placing upon the statute books an act permitting every 
city in the State of Illinois to own or operate or lease public 
utilities of any and all descriptions. 

Fourth. The employment of convicts in building public roads. 
Pursuant to this act such convicts are now being generously 
utilized in upbuilding the State highways. 

Fifth. The founding of an epileptic colony for the care of 
these unfortunates. 

Sixth. The rotation of names upon the ballot for all State 
officers. 

Seventh. The creation of a legislative reference bureau for the 
collection of data on economic and sociological subjects for the 
purjjose of furnishing complete information to the people and to 
members of the Legislature upon all legislative topics. 

Eighth. The creation of an Efficiency and Economy Committee 
that has been assiduously engaged in devising methods for the 
consolidation of State departments and commissions and pro- 
curing retrenchment of expenses. 

Ninth. Tlie placing upon the statute books of a practical road- 
making laAV in the State of Illinois, under W'hich we are now vigor- 
ously engaged in the upbuilding of the roads of the State. 

Tenth. The enactment of a law requiring the semimonthly 
payment of wages and salaries by all corporations in the State. 

Eleventh. The abolition of the frauds and scandals in the fish 
and game department, and the consolidation of these departments so 
as to give sufficient fish and game protection. 

In addition to the above the present administration has 
enacted and is now enforcing an excellent workmen's compen- 
sation act, Avhich provides . for definite reward to injured 
employes. 

It has amended the mechanics' lien law so as to give a sub- 
contractor a lien on a building for labor and material furnished. 

It has enacted laws providing for greater safety in mining 
operations, and has further developed the establishment of rescue 
stations to relieve miners from the dangers incident to that great 
industry. 

It has enacted a laAV permitting the organization of corpora- 
tions for loaning money by wage assignment and limiting the 
rate of interest or compensation therefor. 

It has placed upon the statute books a law which requires the 
owners of coal mines, mills and foundries and other work-shops 



496 DUNNE — JUDGE, MAYOR, GOVERNOR 

to maintain sanitary washrooms, convenient to the place of em- 
ployment, for the use of employes, and passed many other laws 
in the interest of the whole people. 

It has, moreover, changed the whole course of treatment 
for the wards of the State. In the penal institutions, reform 
and not vengeance has been the watchword. 

Under the Democratic administration in the charitable in- 
stitutions of the State extensive building operations are now in 
progress, which will provide adequate room for the patients 
and proper accommodations for the employes. 

It has humanized and civilized the State institutions of Illi- 
nois by abolishing corporal punishment in all those institutions 
having to do with the care and training of children by abolishing 
all mechanical restraint and all brutality in the handling of the 
patients in the State hospitals, and by adopting and instituting 
the eight-hour system for the benefit of the employes. 

My fellow citizens, consider these facts. Take them home 
with you. Appeal to your own conscience, and ask yourselves if 
such a glorious record made by a Democratic President and a 
Democratic party should not receive the commendation and sup- 
port, not only of Democrats, but of all fair-minded citizens. If 
you think it does, and I know you will, you will see to it that that 
splendid record is sustained by going to the polls next month and 
voting for the Democratic nominees who are pledged to support 
President Wilson — Mr. Sullivan for the Senate, and the Demo- 
cratic candidates for the House. 

I further trust you will vote for your Democratic nominees 
for the State Legislature and assist a Democratic Governor to 
place upon the statute books the measures demanded by the plat- 
form of the Democratic party in Illinois. 



DUNNE — JUDGE, MAYOR, GOVERNOR 497 



SHELBY M. CULLOM. 

Address by Governor at Memorial Services in House of 
Representatives, January, 1914. 

Man dies but his memory lives. His material part dissolves 
and decays; liis spiritual and intellectual elements survive and 
endure. 

All that was mortal of Shelby M. Cullom lies before us helpless 
and inert. The spiritual and intellectual record of his past lies 
before us vigorous and forceful. 

It falls to the lot of few men to have their lives so long and 
so prominently woven into the history of his state and country as 
was the life of Senator Cullom. 

To fewer still does it fall to leave behind him after such a life 
so fragrant and wholesome a memory. For over half a century he 
held public office continuously down to the hour of his death. 

During that half century parties were born and died, policies 
of government changed, leaders rose and fell, party ties were broken 
and realigned, and during that half century this man living con- 
tinuously in one small county, by his force of character, lovable 
disposition, and above all, by his irreproachable integrity, secured 
and retained the confidence and respect of the people of a great 
State, who kept him amidst all the vicissitudes of political warfare 
in positions of the highest dignity and responsibility. 

His was not the blazing light of the flaring comet which daz- 
zles the eye and soon is lost in darkness, but the steady, sober light 
of the heavenly star which shines throughout the long years with 
unvarying purity and splendor. 

The secret of Senator Cullom 's marvelous hold upon his fellow 
citizens is easily understood. No man has ever succeeded in retain- 
ing the confidence of the public for any great length of time unless 
the public were convinced of his integrity. 

Brilliant men have arisen in public life in this and every other 
country by sheer force of their intellectual strength. For a time 
they have succeeded in arousing and holding the admiration of their 
fellow men, but no man, however brilliant he may be, has ever suc- 
ceeded in keeping himself in positions of public trust and honor 
unless he had that first essential of a successful statesman, inbred 
honestv. 



498 DUNNE — JUDGE, MAYOR, GOVERNOR 

If a flaw be found iu the armor of that integrity, the people 
will drive such a man from public life. Jefferson once said, ' ' That 
the whole art of government consists in the art of being honest," 
and that is the reason, in my judgment, why Senator Cullom was 
so adept in the art of government. 

I knew him not, personally, I differed with him, as many have, 
on political issues. I believed his party erred repeatedly, and that 
he erred with his party, but as I look, over his long career I cannot 
find a time when I ever believed that he was dishonest in his votes, 
or in the advocacy of his party principles. 

All men in public life are subjected to fierce criticism by their 
political enemies, and he did not escape it. Most of this criticism 
is, as a rule, unjust, aijd actuated by party rancor, but no critic that 
I have ever read or heard during the one-half century of his po- 
litical life ever questioned Senator Cullom 's integrity. 

For thirty years he was a member of an exalted body of legis- 
lators, where opulence was the rule and a moderate competency the 
exception. He had before him the temptations thrown around every 
man in public life. He became intimately acquainted with the ease 
and luxury which wealth produces, and which makes other men 
envious of such possessions, and yet this man lived and died com- 
paratively a poor man, which is the best test of integrity and devo- 
tion to duty. 

May this life of integrity which he led and this reputation 
which he leaves behind him be an incentive to the public men of 
the day, and of the days to come, to devote their lives as he did to 
their country's welfare, without price or reward, except such as is 
given by_^the law of the land. 

His friends and relatives have the consolation of knowing that 
he left behind him a heritage greater and grander than all earthly 
riches — the heritage of an honest name and a record of duty done. 

The State of Illinois numbers among its illustrious sons the 
names of many whom history would record among the Nation's 
great. The name of Lincoln is titanic. The names of Douglas, 
Yates, Oglesby, Logan and Altgeld will go down in history, not 
only among the great men of Illinois, but among the great men of 
the American Nation, and in the long roster of the names of which 
Illinois feels proud, and which she has given to the American Nation 
let us now record, as he sleeps in his grave, the name of Shelby 
M. rullom. 



DUNNE — JUDGE, MxVYOR, GOVERNOR 49b 



PROGRESS IN ILLINOIS' CONSERVA- 
TION. 

Statement for Leslie's Illustrated Weekly, 191-4. 

Illinois is the richest chamber in the heart of the corn belt. 
Twenty-third in size among the states of the Union, it is first in 
ag-ricultnral wealth and production, third in population, in mineral 
wealth, and in manufacture. 

The Illinois farmer has learned, not only how to produce 
great crops, but how to continue to produce them ; in other words, 
to make the agriculture of the State permanent. 

In 1912, the corn crop of Illinois was worth $108,827,882. 
The hogs marketed brought $15,005,254, the beef cattle 
$20,806,811. The value of the dairy herds and the milk sold in 
1912 amounted to $17,877,563, while over four million dollars 
jingled their welcome way into the pockets of the citizens of the 
State from the sale of cream and butter. Apples, oats, rye, truck 
gardening, all contributed to swell the agricultural wealth of the 
State to its grand total of $3,903,321,000. What this means one 
hard fact proves ; in 1900, the shrewd investor looking for a 
chance to double his dollars, was willing to pay on an average 
$46.17 an acre for Illinois land. A decade later an acre of this 
same land looked to him worth $95.02. 

Evidently the Illinois farmer is not snatching from the soil 
the fertility meant to last for generations. Intelligent farming, 
which means farming in as well as farming out, is beginning to 
he regarded in a very definite and large way as a matter of public 
duty as well as private policy. 

Phosphorus and nitrogen are being restored to soils that the 
worn out conditions of many farm lands in the east may never be 
duplicated here; limestone is being used extensively to sweeten 
acid soils, and lands hitherto thought worthless are yielding up 
to seventy bushels of corn per acre by the addition of the single 
element, potassium. 

Therefore, wealth in farm resources is not alone the condition 
in Illinois. There is wealth in resources plus intelligence in their 
conservation. 

The same reasonableness, willingness to accept the responsi- 
bilities of riches as well as the pleasures, marks the policy of the 



500 DUNNE — JUDGE, MAYOR, GOVERNOR 

State iu other lines than agriculture. A few years ago there 
was established a State Geological Survey which makes an in. 
ventory of the developed and undeveloped mineral resources and 
acts as a free information bureau for land owners and investors. 
Thus a prospective buyer hardly can get cheated in a mine invest- 
ment, notwithstanding his willingness. Also in the mines, Illinois 
not only provides work for 100,000 men, she provides protection 
for them. Illinois is the only State to have mine rescue stations, 
where mine rescue cars are ahvays in readiness to respond to a 
call for help within the districts they cover. In 1911 the minerals 
produced in Illinois exceeded in value $145,524,000. 

In manufacturing interests Illinois is the most important 
State west of the Alleghenies. The gross value of the products 
of manufacturing amount to $1,919,277,000 yearly. There are 
over 18,000 manufacturing establishments, giving employment to 
561,000 persons, and, during the year 1909, the sum of $364,- 
768,000 was paid out in salaries and wages. 

Probably nowhere does education come more easily to thf> 
youth than in this State where Lincoln longed with solemn pas- 
sion for knowledge and obtained it so hardly. It is as if the 
denial of that great soul were projected into wood and stone. 
The rural schools, so often doomed to shameful neglect, are re- 
cei\'ing their share of attention, and are being forced to fit them- 
selves into the life of the times. At present there are rural schools 
and rural township high schools that are models of their kind. They 
teach the boj'^ agriculture, the girl household science. Under- 
standing kills apathy and no more do they find their daily tasks 
dull drudgery. Nor will such education in the least interfere 
with the development of some potential Milton or Romney ; and 
should one appear that should hitch his chariot to a star, his har- 
ness will not be nearly so likely to break, if he has an under- 
standing of life's every da,y work. 

At the apex of the educational system is the State University 
Avhich offers almost limitless opportunity to the youth of ambition 
and ability. Nor does the university confine itself to the campus. 
It has gone out into the life of the people in no uncertain way. 
As an instance, there is the soil survey which is making a survey 
of all the soils of the State. When it is completed, a farmer, 
merely by writing a letter, can find out the condition of his soil 
and Avhat it needs for increasing and making permanent its 
productivity. 

Also the State AVater Survey, located at the University, is 
noteworthy. Water from any place in the State is analyzed and 
advice given, if it is unfit for use. 



DUNNE^ — JUDGE, MAYOR, GOVERNOR • 501 

Illinois has a State HigliAvay Commission, which means that 
the people are interested in good roads. Good roads are essential 
to the advancement of a people. 

Few states exercise more complete control over transporta- 
tion matters than Illinois. The Illinois Public Utility Commis- 
sion now exercises as much power in Illinois as the Interstate 
Commerce Commission exercises over interstate comm.erce. 

In the care and conservation of its wage earner, those hum- 
ble toilers upon whom this great prosperity depends, Illinois has 
shown humanity and foresight. There is an occupational disease 
act, the first of its kind in the United States; there is a work- 
men's compensation act, a ten-hour day for working women and 
intelligent child labor legislation. The State Board of Health 
hqs a laboratory created and maintained for the early diagnosis 
of communicable diseases. It offers service without cost to the 
people of the State and affords early and accurate diagnosis in 
cases of diphtheria, typhoid, tuberculosis, and contagious or in- 
fectious diseases. 

Mention should be made of the intelligence the State has used 
in the care of its unfortunates, its human waste that unheeded 
will finally clog progress. A single instance is sufficient, the re- 
cent establishment of a Psychopathic Institute for the education 
and training of State hospital physicians in nervous and mental 
disorders and symptoms, and the investigation into the causes of 
insanity, with the purpose of discovering cures for forms of in- 
sanity now deemed incurable. Thus one of the evils that has 
come with the good of our high tension civilization Avill be eradi- 
cated or ameliorated, if science can do it. 

After this it need hardly be said that as a place of residence 
Illinois cannot be excelled. "Wealth and the intelligent use of 
wealth, a quickened and enlightened public conscience, a whole- 
some and enthusiastic belief that the good in our community life 
far outweighs the evil, will make it a more desirable home-place 
with every passing year. 



502 DUNNE — JUDGE, MAYOR, GOVERNOR 



ON THE OWNERSHIP OF PUBLIC 
UTILITIES. 

Address before Men's Club, Englewood, January 12, 1904. 

Mr. Chairman and Gentlemoi: 

In j'ecent years perhaps no sul),iect has engrossed so much of 
the attention of the pul)lic in great cities of this country, and in 
Chicago particularly, as the question of the ownership and opera- 
tion by the public of public utilities. By these I mean street 
cars, gas works, electric light plants, telephones, telegraphs, rail- 
roads and other enterprises the operation of which requires the 
possession and use of public property. 

No subject is of more vital interest to the inhabitants of 
cities, who are compelled, day by day and year by year, to make 
use of and pay for these utilities, whether they like them or not. 

A resident of a city may dicker, bargain with and change his 
butcher, his baker, his haberdasher, his tailor, his lawyer, and his 
doctor, if he is not satisfied with his services or his charges, but 
when he comes to pay his street car fare, his electric light or tele- 
phone bill there is room for neither dicker, trade nor change. He 
must stand up and deliver, no matter how unreasonable the 
charge or unsatisfactory the service. 

If he objects to the street car service or its price, he is thrown 
ofl the car. If he demurs to the service or price for gas or elec- 
tric light, it is shut off. If he criticises his telephone bill his 
'phone is pulled out. He has learned by experience that individ- 
ual protest or objection is unavailing. 

The existence, in this community and elsewhere, in cities, of 
grave and scandalous abuses, both in the service given and the 
prices charged for such utilities, and the recognition by thous- 
ands of the litter helplessness of citizens, as individuals, to help 
themselves or correct these evils, which have become over-bur- 
densome and intolerable, have brought about in many of the 
great cities of the world a great unrest and public agitation for 
the correction of these intolerable evils. 



DUNNE JUDGE, MAYOR, GOVERNOR 503 

THIS IS THE SITUATION IN CHICAGO. 

la this city today a citizen is charged from $40 to $175 for 
the annual rent of a telephone, and the service is not overgood at 
that. The same service is given in Stockholm, Sweden, for $20 
a year, on the average ; in Christiana, Norway, for $22 a year, on 
the average ; in Trondhjem, Norway, for $13.50 a year, on the 
average ; in Berne and Zurich, Switzerland, for $10 and upward ; 
in Berlin, for $36 per annum; in Copenhagen, from $27 to $48, 
and in Paris, France, for $78. 

In Chicago today we are paying $1 per thousand feet for 
gas, which has been sold to the citizens of Hyde Park, in this 
city, up to three years ago, for many years past, for seventy-two 
cents per thousand. 

The city of Glasgow is charging fifty-two cents for the same 
kind of gas, and the average price charged by all cities in Eng- 
land operating municipal gas plants in 1897, was only seventy- 
five cents, upon which price the municipalities netted eighteen 
and one-third cents profit, making the gas cost the consumer 
only fifty-six cents net. 

In Chicago today electric light companies charge from $105 
to $125 per annum per arc lamp. They are empowered by law 
to sell electric light to private consumers all over the city, while 
the city, which can not sell light to private consumers, but can 
only produce such light for municipal use, is producing the same 
for $99 per lamp. 

The city of Detroit is producing the same light for $61 per 
are light ; Aurora, Illinois, for $50 ; Elgin, Illinois, for $50, and 
Bay City, Michigan, for $52. 

In Chicago today the shortest ride a man can take on the 
street car costs him five cents, and then he rides a great part of 
the way hanging to a strap, most of the time in a dirty car, and 
always during the rush hours, jammed, jostled and jolted about 
in a manner that is irritating to his fellow passengers and inde- 
cent to the gentler sex. 

The fare paid in other great cities of the world, outside of 
the United States, is about half of this amount. 

In most other American cities a citizen is charged the same 
price for the same reason, to-wit, because the service is in the 
hands of private companies. 

This state of facts and figures in Chicago, and this state of 
facts and figures elsewhere in the world, has caused, is causing 
and will cause the people of Chicago to endeavor to find the 



504 DUNNE — JUDGE, MAYOR, GOVERNOR 

reason for this situation of affairs, this discrepancy in the cost 
of such necessaries of life, and when the cause has been discov- 
ered, to find a remedy. 

On the threshold of this injury the people of Chicago have 
discovered that all these public utilities furnished to the citizens 
of the city of Chicago are owned and operated by private cor- 
porations, organized and conducted for private gain. 

On stepping over the threshold into the vestibule of the inves- 
tigation they have also found that in all the cities above men- 
tioned, where public utilities were furnished at a cheaper price, 
these public utilities were being owned and operated by the pub- 
lic — in other words, by the municipalities themselves. 

Must or must we not conclude that the difference in owner- 
ship and operation is the cause of the wide discrepancy in tho 
cost of these absolutely essential necessaries of life to the resi- 
dents of cities? 

This is the subject for consideration by j^ou and me today. 

If it be found upon investigation that in Chicago and other 
cities where these public utilities are furnished by private per- 
sons or corporations, the prices charged for the same are higher 
than they are in a few^ other large cities, where these utilities are 
furnished by public corporations, it might appear upon investi- 
gation that the different prices result from many and various 
causes. 

But if we find upon investigation that private corporations 
in different parts of the world and under varying conditions 
nearly always charge more than public corporations for the same 
service, we must conclude that private corporations charge exor- 
bitant prices, and that it is to the interest of the public to place 
the production of their utilities in the hands of the public 
authorities. 

xVccording to the official report of the American consul in 
Liverpool, now on file in Washington, dated Mav 19, 1902, we 
find: 

"There are now in Great Britain 931 municipalities ow^ning 
waterworks; 99 owning the street railways; 240 owning the gas 
works; and 181 supplying electricity. IMunieipalities were not 
allowed to work tramways until 1896. It is estimated that half 
the gas users in England use municipal gas." 

Among the municipalities owning and operating street cars 
are cities ranging from 4,000,000 to 50,000 inhabitants. 

In Germany, "Wurtemberg, Bavaria, Bulgaria, and some of 
the Australian states all telephones are owned by the public. In 
Switzerland nearly, if not all. of the telephone systems are owned 



DUNNE — JUDGE, MAYOR, GOVERNOR 505 

by niimieipalities. Many of the municipalities of Norway and 
Sweden own their own telephone systems, and in the duchy of 
Luxemburg the telephone system is owned and operated by the 
duchy. In Holland the telephone system was private till 1896, 
when the leading cities, Amsterdam and Rotterdam, secured 
franchises for municipal plants. In France the telephone was in 
private hands till 1899, when the government took possession and 
reduced rates. Austria and Belgium began with private ex- 
changes and afterward adopted public ownership. In Denmark 
the government in 1898 assumed control of the telephone busi- 
ness, reserving the power to tix rates, and in England there is 
a decided movement from private to public ownership. 

]\Iunicipa,l ownership and operation is now practically in 
force in the following great cities of Great Britain : 

London (in part) Glasgow liceds 

Southampton Nottingham Liverpool 

Hull Bradford Blackburn 

Aberdeen Sheffield Huddersfield 

nearly all of wiiich cities have a population of from 100.000 to 
over a million. 

In Milan, Italy, a city of a half million, the city owns its 
gas works and railways, and has a joint interest with the private 
corporation in the net proceeds of the company. In Saxony the 
gas plant is owned by the public. In Great Britain over 60 per 
cent of all the gas consumers are served by publicly owned com- 
panies. Birmingham, Glasgow, Manchester, Leicester, Notting- 
ham, etc., own their own gas works. 

Let us now examine and see what are the prices charged 
in these different countries for the public utilities when furnished 
by public corporations : 

TELEPHONES. 

Telephone charges in the United States are three times the 
government tariff in England, and also three times the charges 
permitted by the government in France. 

In Trondhjem, Norway, with 780 exchange lines, the average 
rental was $13.25 a year per 'phone. Subscribers speak to eleven 
towns, within a radius of fifty miles, for five minutes for five 
cents. 

Stockholm has an average of $20 per 'phone, and communi- 
cation within a radius of forty-three miles. The Bell company, 
bought out by the government, charged $44 for the same service. 



506 DUNNE — JUDGE, MAYOR, GOVERNOR 

The public telephone of the duchy of Luxemburg (forty-four by 
thirty miles) makes a uniform yearly charge of $16 for each 
'phone, and each subscriber can talk all over the duclij^ 

In Switzerland, which has an excellent system (metallic cir- 
cuit), the cities make a moderate charge of $8, plus one cent for 
each call. In Zurich and other cities the average total rate is $15 
per 'phone per year. 

In Sweden there are 160 cooperative telephone exchanges, 
and the average of their charges is $10 per 'phone per year. 

GAS. 

In England, wherever municipal ownership has been estab- 
lished, the cost of gas is considerably less than wdiere the gas is 
furnished by private companies. 

The private companies operating in Glasgow, before the same 
were purchased by the municipality, charged consumers $1 per 
thousand feet, while the municipal company now being operated 
by the city of Glasgow charges 52 cents per thousand. 

Private gas companies in England are now charging ninety 
cents per thousand, and publicly owned companies charge from 
fifty-two to eighty cents per thousand. 

The private gas company or companies in the city of Chi- 
cago, as we all know, charge $1 per thousand for gas, and in 
manj^ cities of the United States private gas companies charge 
considerably more. 

It may be urged, however, that the difference in the price of 
gas in American and European cities might result from the 
increased cost of la])or, or some other reason outside of the char- 
acter of the management. That this is not true is shown by the 
fact that in those states of the Union where any of these public 
utilities are furnished by both private and public companies the 
same difference in rate prevails as those between American and 
European cities. 

Some years ago it was found upon investigation that there 
w'ere eight private gas companies in Virginia and four municipal 
plants. All ])ut two of the private companies charged from $2 to 
$3 per thousand feet, and the average of the eight companies was 
$2.11. Three of the public works charged $1.50 per thousand and 
one of them $1.44, and the average cost to the people, operating 
expenses and all fixed charges, was $1.17. 

In AVest Virginia there were five private companies and one 
municipal plant. One of the private companies charged $1 per 
thousand feet, another $1.60, and the other three $2 and $2.25. 
The public works in Wheeling charged seventy-five cents per 



J)UNNE — JUDGE, MAYOR, GOVERNOR 507 

thousand, and the total cost to the people was fifty cents, there 
being no debt and no intere'st to pay, operating cost, depreciation 
and taxes being the whole expense. 

Of the eighty-nine private companies in Pennsylvania, 
twenty-six charged $2 per thousand, and over fifty-five charged 
$1.50, and only eight made a rate as low as $1. At the same time 
the public works in Philadelphia, Pa., charged $1.50 per thousand, 
but sixty cents of it was clear profit in the treasury above the 
cost of operation and fixed charges, so that the people really got 
the gas for less than $1. 

In Kentucky none of the private companies sold as low as the 
public works in Henderson, Kentucky. 

In Ohio there were two public plants, one at Hamilton, which 
supplied gas at a total of $1 per thousand (thirty cents of it 
being interest), and the other at Bellefontaine (free of debt), 
which supplied gas at a total cost of sixty-three cents per thou- 
sand. Of the forty-three private companies only five made as low 
a rate as $1. 

ELECTRIC LIGHT. 

AVhat is true of gas and water is also true of electric light. 

While private comjjanies in Chicago are charging from $105 
to $125 per annum per arc lamp, the following cities which 
have municipal plants are furnishing the same light for the same 
period at the following prices : 

Bangor, ]\Ie $46 00 

Lewiston, Me 52 00 

Dunkirk, N. Y 53 50 

West Troy, N. Y 75 00 

Allegheny, Pa 57 00 

Easton, Pa 95 00 

Bay City, Mich '. 52 00 

Detroit, I\Iich 61 50 

South Park Plant, in Chicago 57 00 

Aurora 111 ^ 50 00 

Topeka, Kans 51 00 

Little Rock, Ark 49 50 

Wheeling, W. Va 57 50 

Peabody, Mass 61 50 

Braintree, Ma ss '. 6150 

Dan vers, Mass....; 56 50 

Jamestown, N. Y 49 00 

South Norwalk, Conn 47 50 



508 DUNNE — JUDGE, MAYOR, GO\^RNOR 

The cit}' of Boston, Mass., is furnished electric light by a 
private comi:)an3' which charges one ceiit per meter hour ; the city 
of Braintree, Mass., is furnished light by a public plant Avhich 
charges one-half cent per meter hour; Brookline, Mass., is 
charged one cent per meter hour by a private company ; Swanton, 
Vt., one-third cent per meter hour by a public plant. In New 
York City the charge by a private company is one cent per meter 
hour; Westfield, N. Y., has a public plant which charges one- 
half cent per meter hour. The city of Philadelphia, Pa., is 
charged three-fourths cent per meter hour by a private company, 
and Newark, Del., three-tenths cent per meter hour by a public 
company. In Detroit, Mich., the private electric light plant 
charges $1 per month for each lamp; in Wyandotte, Mich., (near 
Detroit) the charge by a public plant is sixteen and two-thirds 
cents per month for each lamp. In Kalamazoo, Mich., citizens 
are charged 20 cents per kilowatt by a private company ; Cold- 
water, Mich., (near Kalamazoo), which has a public plant, 
charges five cents per kilowatt. In Chicago, 111., the charge is one 
cent per meter hour, and in Peru, 111., the charge made by a pul^- 
lic company is one-half cent per meter hour. 

WATERWORKS. 

The same is true of waterworks in the United States. In 
Indiana the charges made by private companies have been found 
to be double those charged by public companies. Only nine of 
the fifty large cities of the United States are supplied with water 
by private companies, and only two of these companies have 
made public their receipts and expenses. The two that have 
made reports admit that they have earned from thirty to forty 
per cent per annum on their capital stock. 

The following statistics with relation to the rates paid for 
water by Illinois cities will convince the most skeptical that the 
rates charged by private companies for water are much in excess 
of those charged by publicly owned and operated companies : 

Total revenue 
per family 
Private water supply and ownership. per year. 

Lincoln, 111 $18 00 

Mt. Vernon, 111 10 00 

Effingham, 111 '. 5 50 

Alton, 111 4 33 1.3 

Sterlin g. 111 8 70 

Kankakee, 111 7 90 



DUNNE — JUDGE, MAYOR, GOVERNOR 



509 



Total revenue 
per family 
Private water supply and ownership. per year. 

Chillicothe, 111 ' ; $ 9 80 

Cairo, 111 10 66 2-3 

Oak Park, 111 20 00 

$94 90 
General average $10 54 



Total revenue 
per family 
Public water supply and OAvnersliip. per year. 

Moline, 111 !. $4 50 

Taylorville, 111 4 50 

Savanna, 111 2 00 

Lexington, 111 3 00 

Elgin, lU 3 00 

La Salle, 111 4 50 

Evanston, 111 _ 6 40 

Rock Island, 111 5 33 

Aurora, 111 _ „ _ 4 00 

$37 20 
General average $4 13 



What is true of gas plants, electric light plants, waterworks 
and telephones is also true of street railways : 

STREET RAILWAYS. 

The street car fare paid in the United States, where private 
ownership prevails, we all kno^v to be five cents a ride, whether it 
be short or long, which is more than double what is paid to mu- 
nicipal street ear companies in Europe, as will be apparent from 
the following table : 



Town. Population. 

Milan 440,000 

Berlin 1,800,000 

Budapest 500,000 

London 4,000,000 

Belfast 256,000 

Glasgow 840,000 



Fare. 
1 and 2 cents 



Average Fare. 
1 . 8 cents. 
3.0 



2.7 
2.5 
2.2 



cents, 
cents, 
cents, 
cents. 



1.78 cents. 



The principal street car companies in Chicago are capitalized 
and bonded for one hundred and seventeen millions of dollars. 
The value of their tangible property is shown by Mr. Arnold's 



510 DUNNE — JUDGE, MAYOR, GOVERNOR 

recent report to bo less than twenty-seven million dollars. Until 
recently they have been paying interest and dividends upon their 
total bonds and capitalization. 

In other words, they have been compelling the citizens of 
Chicago to pay them five per cent dividends upon ninety millions 
of dollars of stock which has no tangible property behind it, and 
which has not been invested in the railroads, but which is the 
value placed by these companies upon the charters given to them 
by the very people out of whom they are squeezing this extor- 
tionate income. 

A consideration of the foregoing figures must convince the 
most skeptical that private companies that are furnishing water, 
gas, electric light and street railway transportation, both in this 
country and in Europe, are charging exorbitant prices for these 
commodities, and much more than is charged for the same by 
publicly owned companies. 

This cannot be the result of mismanagement by private com- 
panies and efficient management by public companies, for it has 
always been claimed, and I think it will be conceded, even by ad- 
vocates of public ownership, that the wages paid by publicly 
owned companies are always higher than those paid by private 
companies, and that the publicly owned companies are not man- 
aged with the same stringent economy that is characteristic of 
private ownership, where every attention is paid, even to the 
minutest detail, in order to decrease the cost of production. It 
must then result solely and exclusively from the fact that private 
companies, in their anxiety to swell the dividends of their stock- 
holders, charge the public more than is reasonably necessary for 
the pecuniary success of these enterprises, and charge such rates 
as can safely be called "extortion." 

The interest of the private companies is solely to make big 
dividends for their stockholders ; the interest of the public com- 
panies is mainly to furnish the utilities to the public as cheaply 
and efficiently as possible, consistent with successful management 
of the enterprise. The spirit wdiich actuates the former companies 
is that of private gain ; the spirit which actuates the latter com- 
panies is the public good. The motive controlling the former com- 
panies is selfishness ; the motive that actuates the public companies 
is altruistic. 

But it has been said by those who oppose municipal owner- 
ship and operation that the service rendered by the public cor- 
poration^ is not as efficient or as satisfactory as the service ren- 
dered by the private corporations. This objection has been made 
most insistently by one of the papers of this city. This paper, 



DUNNE — JUDGE, MAYOR, GOVERNOR 511 

not content with defensive arguments in support of private own- 
ership, for reasons best known to its owners and proprietors, 
seems to have had a severe attack of hysteria whenever the sub- 
ject of mmiicipal OAvnership is mentioned or advocated. It de- 
nounces the advocates of municipal ownership, and particularly 
myself, as a Socialist and lunatic. Let us see whether these 
claims made by the enemies of municipal ownership, and this 
paper in particular, are true or false. 

The American Consul at Liverpool, England, in his report, 
dated May 19, 1902, declares : 

"Liverpool is one of the foremost cities in municipal social- 
ism. It owns the waterworks (one of the best systems in the 
world) ; it operates the street cars; it supplies the electric light 
and power ; it has one of the largest and best public bath systems 
anyAvhere, and proposes to erect the finest Turkish bath in 
Europe. ' ' 

The London correspondent of the New York Tribvuie has been 
investigating the government and varied industries of Notting- 
ham, and he sends the following report to his paper : 

"Good local government is the chief glory of modern Eng- 
land and cannot be too highly extolled, and the great distinguish- 
ing features of English local government into enterprises which 
in this country are, for the most part, carefully kept in private 
hands, who overlook no opportunity to plunder, and dupe and 
befog citizens. 

' ' Nottingham, a city of 240,000 people, owns its own markets, 
cemeteries, waterworks, gas and electric light service and street 
railways, and while giving the people very low rates it has been 
able to turn into the treasury within five years $720,000 as net 
profit, after payment of interest on purchase debts, payments to 
sinking funds and liberal allowances for depreciation. This profit 
serves to reduce the tax rates materially. But while profit for, 
tax reduction is secured, it is not the sole or the greater object of 
the city in conducting these enterprises. The collective interests 
of the community are mainly considered — the advantage of the 
common people considered apart from their liability as taxpayers. 

"Water, for example, is furnished to tenements of low rental 
at not exceeding 42 cents per quarter year, and still the Avorks are 
made to yield a small profit to the public treasury. The charge 
for municipal gas ranges from 28 to 34 cents per 1,000 cubic feet, 
and electric light and poAver service is correspondingly Ioav. " 

In speaking of the public utilities in LIa' erpool, the American 
Consul says : 



512 DUNNE — JUDGE, MAYOR, GOVERNOR 

"Liverpool boasts of having oue of the best railroad systems, 
not only in Great Britain, but in Europe. The corporation got 
control of the system in September, 1897, and has substituted elec- 
tric for horse cars. ' ' 

The same consul, in the same report, speaks of his observa- 
tions with reference to the operation of public utilities by the 
public throughout the kingdom, and concludes his report by 
saying : 

"Two observations are appropriate to be made in conclu- 
sion. Speaking generally, municipal government in Great Britain 
is honest, intelligent and energetic ; and as a rule politics has 
but little to do with the engagement or retention of civic em- 
ployees." 

Who should know most about the ownership and operation 
of public utilities? The editor in Chicago, who expresses views 
pursuant to orders given him by men who live in Chicago, or the 
American Consul who for years past has been on the ground 
and seen with his own eyes how these matters are managed "^ 

It has been, however, contended by the enemies of municipal 
ownership that the city of Chicago will be unable to undertake 
municipal ownership and operation of street cars or other public 
utilities, because of the fact that the city of Chicago is indebted 
to the full constitutional limitation of indebtedness ; has no money 
on hand wuth which to construct or purchase such utilities; and 
cannot borrow same by reason of the constitutional provision 
that "No city shall be allowed to become indebted in any manner, 
or for any purpose, to any amount, including existing indebted- 
ness, in the aggregate exceeding five per centum of the taxable 
property therein." 

It is conceded that the city is noAV indebted to the constitu- 
tional limit. 

Notwithstanding this concession as to the amount of the in- 
•debtedness, there is no force in the contention. The city of Chi- 
cago need not obligate itself or its citizens, nor pledge its prop- 
erty or the property of its citizens, nor tax them or their property 
to the extent of a single dollar, to enable it to acquire a complete 
system of street railways, or a gas, electric light or telephone 
plant, adequate to the use of its citizens. 

By agreeing to turn over to contractors or money lenders the 
prospective income from a street car system, a gas, electric light 
or telephone plant, to be erected, until the contract price for the 
construction of the same is paid, with six per cent interest there- 
on, without obligating itself personally to pay anything, the city 
can easily find contractors or money lenders to advance the money 
for such construction. Nay, more, I have no hesitation in saying 



DUNNE — JUDGE, MAYOR, GOVERNOR 513 

that if the present street car companies were offered a price which 
was satisfactory to them they would willingly accept the receipts 
(street car fares at present rates) as security for the purchase 
price. They maj^ deny it now, but, mark my prediction, they 
will offer to do so before the street car problem is settled in this 
city. 

Why do I make this assertion with so much confidence? 

First. Because such a pledge of prospective receipts would be 
essentially the same, or better, security than has enabled them in 
the past to bond and stock their companies on the stock exchanges 
for four times their intrinsic value. 

The different traction companies in this city, in negotiating 
their stocks and bonds, have given no outside securities. The 
names of these companies, and these alone, are signed to their 
stocks and bonds. Consequently only the property of these com- 
panies is liable for the payment of these obligations. What does 
this property consist of ? Their tangible property, worth only one- 
fourth of the aggregate of these liabilities, and their franchises 
which at no time extend beyond twenty years. 

They have raised all the money they need on such security. 
Now the city of Chicago, without personally obligating itself, can 
give constructing contractors or money lenders better security, 
to-wit : The tangible, real and personal property, which will be 
acquired and used in operating the plant, and the receipts from 
the operation of the system, not limited to twenty years, but un- 
limited in time, until the cost of the plant, and all interest there- 
on, is fully paid. If four times the value of the tangible property 
has been raised here in Chicago within a few years past by private 
companies, which can only pledge these receipts for less than 
' twenty years, can it be seriously contended that one-half of that 
amount (which will be more than adequate for all purposes) can- 
not be raised by the city on a pledge of the same tangible prop- 
erty and a pledge of the receipts unlimited in time'^ 

TO DENY IT IS ABSURD. 

Second. I assert that that money can be raised on this pledge, 
and this alone, because it has been done before. 

I have been informed that municipal companies have been 
financed in many cities in Europe in just this manner. I can 
specifically refer to one case upon such respectable authority as 
the Lord Provost of Glasgow. 

In a report made by that gentleman in 1901, on pages 9 and 
10, will be found the following statement : 



514 DUNNE — JUDGE, MAYOR, GOVERNOR 

"The companies (gas companies purchased by the city of 
Glasgow) held two kinds of stock, one entitled to a maximum 
dividend of 10 per cent, and the other 7 per cent. Under the cor- 
porations act, holders of the former received perpetual annuities 
of 9 per cent, and of the latter, 6% per cent, these annuities being 
secured by a lien on the gas works, on the revenue derived from 
the manufacture of gas, and by a guarantee rate of 6 pence on 
the pound per year leviable from the inhabitants of Glasgow in 
respect of rental." 

In other words, the city of Glasgow pledged for the payment 
of the purchase price of the gas works, the plant and its receipts, 
and guaranteed that each house renting for one pound sterling 
would pay, as gas rent, 6 pence, or, in American money, that each 
house renting for $40 per month would pay a gas bill each month 
of$l. 

If the conservative and canny Scot is satisfied Avith such 
security, why should not the more conservative American 
financier? 

It has, however, been asserted by a Chicago paper, and other 
enemies of municipal ownership in this city, that the scheme of 
pledging the prospective plant and receipts of a municipal plant 
has been declared- by our Supreme Court to be unconstitutional. 
The case they rely upon, and the only one they have cited, to my 
knowledge, is the "City of Joliet vs. Alexander," 194 111., 460, de- 
cided in February, 1902. 

I have read and reread that case, and can say with confidence 
that it does not declare the scheme suggested unconstitutional or 
illegal. In that case the city of Joliet had an existing water plant 
of large intrinsic value, from which it was deriving a net income, 
over all expenses, of $10,000 a year. For the purpose of extending 
this plant the city passed an ordinance providing for the issuance 
of $240,000 worth of water certificates, pledging as security for 
the payment of the same the existing waterworks owned by the 
city, and all the receipts from said plant, present and prospective. 
In other words, it made the then existing city propert.y and in- 
come subject to mortgage, and liable to be taken from the city 
upon foreclosure. 

In passing upon the state of facts the court said : ' ' One who 
pawns or pledges his property and who will lose his property if 
he does not pay is indebted, although the creditor has nothing 
but the security of the property, and so also is a mortgagor, who 
is liable to lose his property if he does not pay the money secured 
by the mortgage." 

The court dwells upon the fact that the pledge was not for 
purchase money, but a pledge upon existing property and income 



DUNNE — JUDGE, MAYOR, GOVERNOR 515 

then existing and then the property of the city ; but lest it might 
be construed as holding that a city might not acquire property 
then owned by it, and pledging the property so acquired for the 
purchase price, the court uses the following language: 

"What is said relative to mortgaging property owned by the 
city, or pledging its existing income, is not intended to apply to 
a mortgage purely in the nature of a purchase money mortgage, 
payable wholly out of the income of property purchased, or by 
resort to such property purchased." 

The use of the language just quoted was unnecessary to the 
determination of the case, but the court seemed anxious to place 
itself on record as refusing to hold that a city could not pledge a 
plant about to be purchased, and the prospective income thereof, 
as the sole security for the purchase price of same. 

. The Alexander case strongly supports the validity and con- 
stitutionality of the scheme I have heretofore suggested. 

I therefore confidently assert on the authority of the Alex- 
ander case that the city of Chicago can, as is proposed by the 
Mueller Bill, issue certificates, payable only out of the prospective 
receipts of the street car system and the property acquired, with- 
out the city obligating itself to the amount of one dollar, and that 
such certificates can be readily negotiated. 

The only other objection that I have heard urged to the 
scheme of municipal ownership is that it will build up a great 
political machine; that every man employed upon a municipal 
system would be a political striker, owing his position to a politi- 
cal boss or machine, and that the aim of such an employe would 
be to please his political sponsor rather than to give efficient 
service to the public. 

There would be considerable force in this objection if it were 
proposed to operate such enterprise independent of the civil 
service law of the city. 

But no advocate of municipal ownership is making any such 
suggestion. On the contrary, every advocate of municipal own- 
ership and operation demands that a rigid civil service provision 
should be incorporated in every such ordinance. All employes of 
a street car system owned and operated by a city would fall with- 
in the provisions of the present civil service law. 

The friends of municipal ownership and control are the 
friends of civil service. They know that, without civil service, 
municipal ownership and control cannot be efficient or satisfac- 
tory. They know that where municipal operation has been put in 
force it has been accomplished by a civil service system. They 
know the Federal post-office system has been successful under the 
civil service. They know that the Chicago water office sj^stem has 



516 DUNNE — JUDGE, MAYOR, GOVERNOR 

been successful under the civil service, and they are informed in 
the words of Consul Boyle that "Municipal government in Great 
Britain (where municipal operation and civil service prevail) is 
honest, intelligent and energetic; and as a rule politics has but 
little to do with the engagement or retention of civic employes." 

As a matter of fact, the public has more to fear from political 
intrigue and bossism under private than under public manage- 
ment. Most of the great scandals that have disgraced the public 
life of American officials have been the result of bribery on the 
part of private companies. 

Who was responsible for the scandals connected with the 
notorious Allen and Humphrey bills? Who was responsible for 
the gas consolidation infamy? Who secured the corrupt legisla- 
tion in the city council of St. Louis, which has landed'many of its 
aldermen in the penitentiary? Who secured for the Philadelphian 
council of aldermen in the past, and the common council of New 
York in the days of Jake Sharp, a reputation that is a stench in 
the nostrils- of the people? 

PRIVATE COMPANIES OR PRIVATE INTERESTS. 

In a word, private corporations or interests, seeking to obtain 
from the public new grants or extensions of old grants, have been 
the moving cause, and have furnished the corruption funds for 
nearly every scandal that has disgraced Congresses, State Legis- 
latures and Municipal Councils in America from the days of the 
Credit Mobilier down to the days of St. Louis boodle. 

Within a few years back we have loiown aldermen and legis- 
lators in this city who have become unaccountably rich while in 
office, and while they have found it impossible to place their 
friends in the water office since the institution of civil service, 
they have found no difficulty in placing scores of them on the 
street cars and in the gas plants of the city. 

At the last session of the Legislature, the people succeeded, in 
spite of open opposition and secret intrigue, in spite of the plot- 
ting of boodlers and the scheming of traction interests, in having 
a bill passed under the terms of which, for the first time in the 
history of this State, cities and municipalities were empowered, 
under certain terms and conditions, to own and operate street 
ears. This bill is popularly known as tlie Mueller bill. 

The bill is not an ideal bill ; it is not the bill that was formu- 
lated and presented to the Legislature by the friends of municipal 
ownership; it has many defects incorporated into it by the cor- 
ruption and intrigue of political machinery; but none the less it 
is a bill under which the people of the city of Chicago today, if 



DUNNE JUDGE, MAYOR, GOVERNOR 517 

they assert their rights and are firm and insistent upon them, can 
acquire, own and operate street cars for the public good. 

The greatest danger to l^e apprehended to the people is not 
from the Mueller bill, but from the ordinances which may be 
framed under it, giving certain rights to private companies. If 
the people are watchful and vigilant, they can prevent the pass- 
age in the city council of any ordinance which wall be detrimental 
to the public interests. The main object achieved by the passage 
of the Mueller bill was the granting to the city of the power to 
own and oi^erate, or own or operate street cars. This it does 
clearly and unequivocally, and better still, it enables the city, 
once this bill is adopted by the people, to acquire street car sys- 
tems by condemnation. In other words, it empowers the city 
which desires to own and operate public utilities, to condemn the 
property and franchises of existing companies and, under the 
eminent domain act, hale them into court and compel them to 
surrender their property at its fair cash value to the people. 

Today the living question put to the people is as to whether 
or not they Avill adopt the Mueller bill. By its very terms it can- 
not become operative unless adopted hy the people of this city 
by popular vote. I have no hesitation, as a friend of municipal 
ownership, in advising the people of this city to vote and work for 
its immediate adoption, and I earnestly hope that every citizen 
who has the interest of the public at heart in this community, 
will do everj^thing possible within his power within the next few 
weeks to bring about the adoption of the Mueller bill. This 
should be the first aim and ambition of the citizens of this city. 
In my opinion unless this bill be adopted next April by the people 
of this city by a decisively affirmative popular vote, the traction 
corporation of this city within the next few months wnll have this 
city bound hand and foot for the next forty years by ordinances 
passed by the common council. 

The object sought by the Mueller bill is to place the city in a 
position where it can own and operate, or own or operate its own 
street cars. Five-sixths of the people have recently demanded 
it by popular vote; the city council demanded it and appointed a 
municipal ownership committee with instructions to draft a bill 
for that purpose. This committee submitted such bill to the 
Legislature for passage. Both of the great political parties pro- 
fessed themselves in favor of the Mueller bill during the last 
mayoralty campaign, and through their candidates for mayoralty 
appointed a joint committee to go to Springfield to urge its pass- 
age. Overwhelming public sentiment, by brute strength, forced 
it down the Speaker's throat, through the Senate and out of the 



518 • DUNNE — JUDGE, MAYOR, GOVERNOR 

Governor's office a law — but a law to take effect only when ap- 
proved by popular vote in this city. 

Now, what has taken place since the passage of this law? 

First. An ordinance providing for the submission of the law 
to popular vote, as required by the Mueller bill, was allowed to 
sleep in a committee of the common council for months, and was 
only dragged out of the committee and put upon passage by per- 
sistent outside pressure and a storm of popular protest. 

Second. Instead of the council busymg itseif with preparing 
ordinances for submission to the people as to whether they desired 
to own and operate or own or operate their street railways under 
the provisions of the Mueller bill, the committee on transporta- 
tion got very busy and worked incessantly after the passage of 
the Mueller bill, in preparing an ordinance to extend the franchise 
of the Chicago City Raihvay Company ostensibly for twenty years, 
but which in reality would effectively and summarily defeat the 
whole object and aim of the Mueller bill for from twenty to forty 
years. In so doing this committee brazenly and openly defied 
public opinion as expressed at the polls, recanting the position of 
the council itself when it recommended to the Legislature the 
passage of the municipal ownership bill, repudiated the demands 
made upon the Legislature by both political parties and all the 
candidates for the mayoralty, and did everything in its power to 
perpetuate the system of private owuiership and defeat the system 
of public ownership demanded by the people at the polls. What- 
ever may have been the motives of the members of this committee, 
honest or dishonest ; whatever may have been their private char- 
acters, honorable or dishonorable, in drafting this ordinance, 
which would kill public ownership from twenty to forty years 
and nullify the Mueller bill, they proved recreant to the wishes 
and demands of their constituents, the people of the city of Chi- 
cago, and they have no right to complain if the people, discovering 
no excuse for their action in preparing this ordinance, or any 
ordinance which kills the municipal OAvnership for from twenty 
to forty years, regard their conduct with suspicion and indig- 
nation. 

In the situation confronting the people of this community at 
the pi'esent time the following program should be adopted and 
pushed forward by everj'- possible means : 

First. Above all, the Mueller bill should be adopted at the 
polls next April. 

Second. All negotiations with the traction companies which 
have for their avowed purpose the killing of municipal owner- 
ship for from twenty to forty years, should be immediately sus- 
pended. 



DUNNE — JUDGE, MAYOR, GOVERNOR 519 

Third, Until the people are empowered by purchase, con- 
demnation or otherwise, to acquire and operate their own street 
cars, the city council should pass a license ordinance, licensing 
street cars in the same way as they license drays, cabs, trucks and 
other vehicles; or, it should grant short extensions, preserving the 
present status between the city and the present companies, for 
a period not to exceed three months at a time, until the city is in 
a position to take over the street car systems by purchase or 
condemnation. 

Fourth. If the present companies refuse to place a reason- 
able price upon their properties for purchase by the city, the city 
should commence, immediately after the adoption of the Mueller 
bill, condemnation proceedings under it, to fix the value of the 
properties of these companies. 

Fifth. After the value of the same is fixed in a condemna- 
tion proceedings, the question should be submitted to the people 
as to whether or not they desire to acquire the property of these 
companies at the price fixed in the condemnation proceedings, and 
if they vote in the aJBfirmativfe, then. 

Sixth. The city should advertise the sale of street car certifi- 
cates, pursuant to the terms of the Mueller bill, for an amount 
sufficient to purchase these properties at the price fixed by the 
condemnation proceedings, and ten per cent in addition thereto, 
as proA'ided in the Mueller bill, to cover operating expenses, bear- 
ing interest at five per cent, with a guarantee that a five-cent fare 
will be retained until all of said certificates, with interest thereon, 
shall be paid in full. 

All of these steps can be taken successfully, in my opinion, 
under the provisions of the Mueller bill, and I have not the least 
doubt that, if such certificates, bearing such interest, with the 
guarantee above mentioned, were offered to the investing public, 
large financial syndicates would purchase these certificates with- 
in ninety days after their issuance. Such certificates w^ould give 
not only as good but better security than has been given by the 
traction companies to investors in the past. The tangible prop- 
erty of these companies in 1883 was worth less than twenty-seven 
million dollars, and, yet with no security but this tangible prop- 
erty worth twenty-seven million dollars and a franchise for twenty 
years given them by the city of Chicago, permitting them to charge 
nickel fares, the gentlemen who own and control these companies 
were able to capitalize the stocks and bonds of these companies at 
one hundred and seventeen million dollars. In other words, the 
value of the franchise for twenty years was worth the difference 
between $27,000,000 and $117,Oo6,obO— $90,000,000. 



520 DUNNE — JUDGE, MAYOR, GOVERNOR 

If they succeeded in capitalizing these franchises for that sum 
in 1883, when the city had not over 700,000 inhabitants, what 
would such a franchise be worth today in a city of 2,000,000 in- 
habitants? I have not the least possible doubt that they would be 
worth at least $200,000,000. Yet this enormous capitalization of 
ninety million over and above the value of the tangible property 
of the companies was made solely and exclusively upon the 
tangible property and the franchises of twenty years. No surety 
company or individual guaranteed these stocks and bonds; they 
were secured alone upon the tangible property and the franchise 
for twenty years. 

Today the city of Chicago will be able to offer as security for 
the payment of its street car certificates not only the same security, 
to-wit, the tangible street car property acquired by it, but a fran- 
chise not for twenty years, but unlimited in time. In other words, 
in addition to the tangible property the city will pledge itself, 
without limit of time, to charge nickel fares until said street car 
certificates and the interest thereon are paid in full. 

Inside of ten years, if not less, in' my judgment, all these street 
car certificates can be paid in full, and the people, then owning 
their own plant, can proceed to reduce fares to the lowest possible 
cost, as has been done in all the great cities of England and in a 
great many of the great cities of Germany, Austro-Hungary, Aus- 
tralia and Italy. 

If these successive steps are taken the money can and will 
be raised to purchase the street car systems of this city, and the 
present companies can be paid therefor, as above stated; then 
additional street car certificates can be issued to remodel and mod- 
ernize the street car systems to meet the present demands of the 
public. 

Care should be taken, moreover, in the passage of any or- 
dinance providing for the acquisition of street car lines and the 
operation of the same by the municipality, that all employes should 
come within the terms of the civil service law, and the provisions 
of the civil service law should be enforced in the most rigid and 
effective manner. 

If these steps be taken by the people I am confident that within 
a reasonably short time the city of Chicago will be able to own 
and operate the street car system with the same satisfaction to the 
public, both from the standpoint of economy and efficiency, as has 
been experienced by the great cities of England, where, after a test 
of at least ten years, it has found to have worked a wonderful 
reform. 

Efficient service will be rendered; economic charges will be 
made ; corruption of the common council will cease ; and the boodler 
and bribe giver will vanish from the land. 



DUNNE — JUDGE, MAYOR, GOVERNOR 521 

Corruption of public officials, the stealing of public property, 
favoritism in the selection of employes, strikes, inefficient service, 
exorbitant charges and insolence toward and defiance of the public 
has marked the history of private management of public utilities 
in Chicago, and elsewhere in America. 

The people have called a halt. The demand of the people to 
place a check upon public corruption b}' and with the referendum, 
at first feeble and unheeded, has swelled into a roar whose reverber- 
ations are heard in the council chambers of the land, as well as 
in the temples of finance. 

In my judgment the people are in no condition to be longer 
trifled with ; no longer will they be despoiled and flouted as they 
have been in the past, and the legislator, councilman or alderman 
who remains deaf to the cry of the people and heedless to the 
popular demand for municipal ownership and the referendum, may 
as well prepare for sepulture under a stone upon which will be 
Avritten the epitaph: "HE SERVED THE CORPORATIONS— 
NOT THE PEOPLE." 



522 DUNXE — JUDGE, MAYOR, GOVERNOR 



WORDS OF CHEER AND HELP TO 
THE IMPRISONED. 

Address to Eeformatory Boys, January 19, 1914, 

Bo3"s, as Chief Executive of the great State of Illinois, it be- 
comes one of the duties incumbent upon that position to inquire 
personally into the operation of some of its great institutions. I 
have always conceived that duty to rest upon the Governor. 
During the first year of my incumbency in that office, my time was 
so taken up with legislative matters and in attending to the busi- 
ness growing out of the same that I could not find time to take 
up this work. I have now reached the' place where, in my 
official capacity, I hope to visit every institution, and I have 
chosen the Illinois State Reformatory as the place for my first 
inspection. The reason is this : Having been blessed of God 
with eight sons, five of whom are still living, I am naturally in- 
tensely interested in boys, and particularly in boys and young 
men who, by reason of having broken the laws of the State 
of Illinois, are in confinement. 

I believe that the name of this institution is "svell bestowed; 
that the name "Reformatory" is the proper name, in that it 
stands for a new departure on the part of those who, having gone 
wrong, should be given a fresh start in life and citizenship. This 
institution is founded for reform and not for vengeance. 

You know, boys, that you have gone wrong in your conduct 
outside of this institution. You know that you come here be- 
cause of the wrong things you have done outside, and that the 
law says you must be deprived of your liberty. Do not come 
here with the idea that the law is unjust in this. Laws are neces- 
sary for the regulation and .protection of society. There must 
be — and are — such laws in every civilized land. There is not a 
single nation on the face of the earth called civilized where such 
laws are not enforced. Unfortunately, you have done something 
to break these laws. This is true of probably 99 out of every 
100 boys here. This I am sure you vrill admit to be a fact, and 
that the matter of your guilt or innocence, so far as you each are 
concerned, Avas fairly decided in court. Our tribunals a're con- 
ducted upon the principles and elements of righteousness. 



DUNNE — JUDGE, MAYOR, GOVERNOR 523 

Doubtless many of the reasons which led you into the trouble 
which brought you here have arisen from unfortunate conditions 
in your youth. Many here have been deprived of the guidance 
of fathers and mothers, who would otherwise have guarded and 
guided you in such a way as to haA'^e made it forever impossible 
for you to have come here. Some of you have doubtless come here 
through the environments into which you have fallen, where you 
were induced to commit these infractions of the law. But noTT 
that you are here, I do not want you to neglect anything which 
will forward the efforts which are being and Avill be made to 
accomplish your reform. Are you willing to do your part to 
make good records and go out clean boys? We are sincerely 
anxious to get you started right in life. Are you willing to help 
us in our work for you, and so enable us to graduate you from 
this institution with honor to yourselves and to the State? We 
are going to do everything in our poAver to succeecT in this re- 
spect. To this end you will be regarded by the officers placed 
over you as human beings, with a good measure of intelligence, 
and as boys with souls that need help. 

In looking over the faces in this place, as I went through, I 
can frankly say I would not have felt myself in a reform school, 
did I not know such to be the fact, but that I was visiting a 
place where free business was being carried on and free labor 
being employed. I am much impressed with what I have seen 
here and I feel confident you will so conduct yourselves while here 
that we may finally send you forth into the world once more 
to earn an honorable living and to become worthy citizens. 



524 DUNXE — JUDGE, MAYOR, GOVERNOR 



^THE FORTY-EIGHTH GENERAL 
ASSEMBLY." 

Address to the Chicago Bar Association, January 21, 191-4. 
Mr. Chairman and Gentlemen: 

After sixteen years of Republican control of the Illinois 
Legislature, the Fortj^-eighth General Assembly convened last 
January with a small plurality of Democrats, elected to both 
Houses, but without a majority. The conditions, under which 
previous Assemblies convened, were absent, and after much 
delay, a Speaker w^as finally elected. For weeks the State offi- 
cers were prevented from taking the oath of office and assuming 
the duties for wdiich they had been elected by the people. 

In mv inaugural message, I urged upon the Assembly certain 
legislative steps wdiich I deemed necessary for the welfare of the 
commomvealth, and that I had advocated during the campaign 
previous to my election. Most of these measures met with the 
approval of the Legislature, but among the most important that 
I recommended, to w^hich it failed to respond, "ivas the passing 
of the initiative and referendum law, and a law for the abolition 
of the State Board of Equalization. 

For more than eight years the voters of this State have been 
insistently demanding the right to initiate legislation and to veto 
legislation by use of the referendum. Twice at the ballot box 
they had declared for these measures. The ratio for and against 
w^as approximately five to one. When the bill which pro vi dec" 
the necessary change in the Constitution that would make the 
initiative and referendum a law, had passed the Senate and was 
before the House, the required votes, namely, one hundred two, 
were secured. Whereupon, Representative Kilens changed his 
vote to the negative, thereby repudiating his party pledges, and 
voted against the mandate of the people of the State and of his 
own district. This was patent to him and tliose who sought its 
defeat. The action staggered the members Avho believed in rep- 
resentative government and paralyzed the efforts of thousands of 
good citizens wdio for years had labored to bring about this 
great reform. 

For years, those of you who are acquainted with the revenue 
laws of our State, know that valuations in the past have not been 



DUNNE — JUDGE, MAYOR, GOVERNOR 525 

assessed along just or scieutifie lines. Corporations have been 
favored, and obtained privileges, denied to the small business men 
and the poor people of the State. The measure that would abol- 
ish the State Board of Equalization passed the House, but the 
Senate saw fit to bury the matter so deep in the committee that it 
was never resurrected. The abolition of this board had been 
demanded by the three parties in their respective jdatforms. It 
had been recommended by a Republican Governor, as well as. 
myself. Its farcical work and secret methods should have been 
abolished, and in its stead created a commission that would in- 
telligently inquire into the tax laws of the State, prescribing 
new forms for assessment returns and reports and securing all 
schedules and information which would help bring about a fair 
and equitable distribution of the burdens of taxation by deter- 
mining the correct valuation. 

I think it proper to direct your attention at this time to the 
fact that in my message to the Assembly, I pointed out that there 
was an insistent demand by the people for at least three amend- 
ments to the present Constitution. While that instrument as a 
whole is a good one, and its bill of rights an admirable declara 
tion and its division of the departments of government wise and 
scientific, it has not in its provisions relating to its own amend- 
ment, been sufiiciently elastic to keep pace with the demands of 
modern progress in that its amending clause is, itself, in sari 
need of amendment so as to permit greater facilities in amend- 
ment now and hereafter. 

1 recommended in my inaugural and special messages the 
enactment of eighteen specific measures, twelve of which received 
the approval of the Assembly, and I had the pleasure of affixing 
my signature thereto, and thereby making them laws of the State 
of Illinois. 

First. The Legislature, on my recommendation, ratified the 
amendment to the Federal Constitution, providing for the election 
of United States Senators by direct vote of the people, thus 
preventing for all time the possibilities of such deadlocks and 
scandals as have sorely tried the patience of the public in the past. 

Second. The Legislature, on my recommendation, enacted the 
public utility act. The Public LTtilities Commission has large 
powers over all public utility companies, including control over 
accounts and reports, capitalization, rates and service, with au- 
thority to conduct hearings and investigations, to establish a 
uniform system of accounts. In order that the charges of public 
utilities shall be reasonable, the fluctuations in rates must be 
based upon conditions after a scientific investigation. And while 
the law of Illinois contains many similar provisions, enacted in 



526 DUNXE — JUDGE, MAYOR, GOVERNOR 

Other states, it differs in tAvo important respects in that the State 
commission shall have no jurisdiction over municipally owned 
utilities and there is no provision for indeterminate franchises. 

Third. The Legislature, upon my recommendation, passed a 
public ownership act, in which cities are given the right to own 
or operate public utilities and to acquire or dispose of them in 
order that adequate service may be secured for the people. 

I consider the passage of this act one of the greatest accom- 
plishments of the administration, and take pleasure in recollect- 
ing that, when mayor of Chicago, my advocacy of municipal own- 
ership of public utilities was believed by many people to be 
chimercial, but after these years, during Avhicli public thought has 
adjusted itself to the economic laws, bearing upon the relation 
between the utility companies and the public, I experienced great 
pleasure in affixing my signature to the bill which created the law 
and gave to the municipalities of this State powers of tremendous 
value to the people. 

Fourth. The Legislature, upon my recommendation, passed an 
act, authorizing the employment of convicts on State roads, which 
made for more humane treatment, as well as conserving the health 
of the convicts, while utilizing their labor for the benefit of our 
rural communities. The honor system has been tried in other 
states, and by its use the inmates of penitentiaries and reforma- 
tories have been restored to society and have again taken up the 
duties of citizenship with renewed vigor and hope, instead of re- 
maining a charge on society after their release because of their 
tendency to renew criminal life. 

Fifth. The Legislature, upon my recommendation, passed an 
act, establishing an epileptic colony. Illinois has been some- 
what remiss in caring for a portion of its afflicted people, and 
while our administration of charities is second to none in the 
country, the care of epileptics has been sadly neglected. There 
are about ten thousand in our State, one-third of whom are prac- 
tically without means of a livelihood. They could support them- 
selves if given employment, which they cannot secure for them- 
selves on account of their affliction. So I recommended the es- 
tablishment of an Epileptic Colony, a tract of land of about two 
thousand acres, and while this most humane matter has been 
attempted before, I am glad to say the last Assembly acted wisely 
when they appropriated half a million dollars for this very 
worthy cause. 

Sixth. The Legislature, upon my recommendation, amended 
the primary election law, and hereafter the candidates for elective 
State and congressional offices will be rotated on the ballot. I 



DUNNE — JUDGE, MAYOR, GOVERNOR 527 

regret that this same method will not apply to cities and villages, 
but I believe that the law as enacted will eliminate many of the 
abuses previously complained of. 

Seventh. The Legislature, upon my recommendation, estab- 
lished the Legislative Reference Bureau, which will prove a bene- 
fit not only to members of the Legislature, but to all the State 
departments, civic bodies and the public as well. The collection 
of data on economic and sociological subjects, procuring complete 
information on all legislative topics, will furnish the members 
of the next Assembly information in a ready and accessible man- 
ner, which will enable it to intelligently discuss the many prob- 
lems which it will have to consider. The bureau will prepare a 
comparative statement of State expenditures and a statement of 
estimates, and this new form of budget-making should enable the 
Assembly to speedily dispose of the appropriations in an intelli- 
gent manner. Besides, the bureau will assist the members of the 
Assembly in drafting of bills, and the preparation of resolutions, 
etc. 

Eighth. The Legislature, upon my recommendation, created 
the efficiency and economy committee, consisting of eight mem- 
bers chosen from the Senate and House, wlio are now preparing 
the plans for an examination into the condition of public institu- 
tions and departments of the State, to ascertain, if it is possible 
to reduce the expenditures without impairing the efficiency and to 
provide for the latter, where it is possible to do so. 

Ninth. The Legislature, upon my recommendation, amended 
the two-cent fare law so that the discrimination that existed 
against children, obliging them to pay higher rates than adults, 
when paying fares on trains, wall no longer penalize them in this 
regard. 

Tenth. The Legislature followed my suggestion concerning 
good roads. The improvement of highways, which all must recog- 
nize as vital to the agricultural and educational welfare of Illinois, 
has been shamefully neglected. There are nearly one hundred 
thousand miles of roads in Illinois, only ten per cent of which 
are up to the standard that obtains in our neighboring states. 
Illinois, wliile rich agriculturally, is twenty-fourth in the matter 
of improA^ed roads, and the loss occasioned to farmers, and the 
hardships connected with transporting products of the farm to 
the towns and cities, has a direct bearing on the high cost of 
authorities. The State and county equalize the cost of construc- 
tion and practically a million and a half dollars were appropriated 
charge of State roads to be built in cooperation with the local 
authorities. The State and county equalize the cost of construc- 
tion and practically a million and a half dollars were appropriated 



528 DUNNE — JUDGE, MAYOR, GOVERNOR 

for these expenditures for the next two years. The method of 
securing county superintendents by competitive examination of 
nominees of the county boards should secure efficient supervision 
of road-malving and bridge-building in Illinois. 

Eleventh. The Legislature, at my request, passed an act in rela- 
tion to the semimonthly payment of wages and salaries by corpo- 
rations for pecuniary profit engaged in any enterprise or business 
in Illinois, which will relieve and be of great benefit to many thou- 
sands of wage-earners and salaried people within this State. Lack 
of ready money in cases of illness, death or any unforeseen occur- 
rence, is often the occasion of much embarrassment and the means 
of throwing many a victim into the clutches of the loan shark. 

Twelfth, The Legislature, at my request, after an investigation 
of the fish and game departments of the State had disclosed extrava- 
gance and waste, failure to enforce the laws and neglect in conserv- 
ing the natural resources of the State, consolidated these two de- 
partments and created the Game and Fish Conservation Commis- 
sion, in order to keep step with the progress attained by other 
states in this direction. 

Much more beneficial legislation was secured, principally among 
which was the workman's compensation act, which revised the law 
of 1911, providing for a definite award to injured employes and the 
creation of a commission to pass upon the amount of the award in 
place of the County Court, and the woman suffrage act, giving 
women large franchise rights in the State. 

The mechanics ' lien law was extended to give a subcontractor 
a lien on the building for which labor or material was furnished. 

Coal mining laws, providing greater safety in mining opera- 
tions and the establishment of rescue stations, will prove a benefit 
to coal mining employes. 

There was also a commission appointed to investigate causes 
and effects of unemployment in Illinois. 

A more thorough investigation of railroad safety appliances 
and the requiring of^electric headlights on railroad engines, provid- 
ing that in passenger service sufficient candlepower shall be used 
to discern an object the size of a man upon the track at the distance 
of eight hundred feet, with similar requirements for engines used 
in other seiwice, are other important measures. 

A law of vital importance to wage-earners, which allows the 
organization of corporations for loaning money by wage assignment 
and limiting the rate of interest or compensation therefor, not to 
exceed three per cent per month for its use, should have a ten- 
dency to put a stop to the outrageous loan shark methods hereto- 
fore prevailing in this State. 



DUNNE — JUDGE, MAYOR, GOVERNOR 529 

The owners or operators of coal mines, mills, foundries, shops 
and such business in which employes become covered with grease, 
smoke, dirt, perspiration, etc., which might injure their health or 
make their condition offensive to the public, must maintain sanitary 
wash rooms convenient to the place of employment for the use of 
the employes. 

This summary of what was attained at the last session will, by 
comparison with the previous sessions extending back over a period 
of years, seem favorable indeed. Some of the measures will help 
revitalize the whole law in Illinois. Much more might have been 
accomplished, but what was secured has great merit. 



530 DUNNE — JUDGE, MAYOR, GOVERNOR 



PLEASED AT REGISTRATION OF SO 
MANY WOMEN. 

Statement to Chicago Journal, February 4, 1914. 

Am pleased at the splendid outpouring of Chicago women on 
registration day, particularly in my own ward, the 25th. My wife 
and daughter registered among them. 

Am confident that it presages still greater interest in the future 
among women. 

Every woman, entitled to vote, should be registered at the very 
first opportunity. Democratic women should, and will, exhibit as 
much interest in the issues of the day as other women. The only 
decent argument ever used against women suffrage was that women 
did not want suffrage. The answer to that objection has been given. 
There are 154,000 w^omen in Chicago who, at the very first oppor- 
tunity, answered that objection. I believe Chicago is the largest 
city in the world where women are now permitted to vote, and they 
are splendidly availing themselves of the opportunity given them 
bv the law which I signed as Governor last June. 



DUNNE — JUDGE, MAYOR, GOVERNOR 5lU 



COMMENDS SERVICES OF PRESIDENT 

JAMES. 

Letter to Dr. Edmund J. James, March 7, 1914. 

Dear Sir: 

Yours of the 6th instant is before me. Before receiving notice 
of the meeting, I had promised to attend the celebration of the 
centenary of the creation of Belleville as the county seat of St. 
Clair County, and have made all arrangements to be present and 
deliver an address at that celebration. 

It gives me much pleasure to know that the teaching facultj^ 
of the university has shown with such practical unanimity their 
confidence in your administration of the responsible position of 
President of the University of Illinois. 

Every citizen of this State, including myself, is intensely inter- 
ested in the continued success of this great university, and it is my 
earnest hope and desire that all personal considerations and ties of 
preference among the trustees should give way to the great object 
of making our university the greatest State University in the 
United States. 

Politics must not enter into consideration in the management 
of the university, and whatever may be our affiliation with politi- 
cal parties, they should be forgotten in the execution of our busi- 
ness as trustees of the university. 

In reference to yourself, as I have heretofore publicly stated, I 
believe you to be a most efficient and competent executive and edu- 
cator. Under your administration, the university has developed 
in the most wonderful manner, and, in my judgment, the State 
University is fortunate in possessing such an able and forceful 
executive at its head. 

Kindly present to the Board of Trustees my regrets at being 
unable to be present. 

Wishing you and the university continued success, etc. 

E. F. Dunne. 



532 DUNNE — JUDGE, MAYOR, GOVERNOR 



ON BELLEVILLE'S CENTENARY. 

Address at Belleville, III., March 10, 191-1. 

Mr. Chairman, Ladies and Gentlemen: 

The State of Illinois will celebrate the tirst centenary of its 
statehood in 1918. Yet. strange to say, the city of Belleville cele- 
brates the centenary of its creation as a county seat today. It mnst 
be a matter of pride to the citizens of this city that, in antiquity, 
it antedates the creation of Illinois as a State and it is meet and 
proper that the historic occasion be observed with fitting ceremony. 

The city of Belleville was made the county seat of St. Clair 
County, a hundred years ago today. Cast your eyes back over that 
lapse of a century and contemplate with me the stupendous changes 
which have come and the tremendous progress that has been made. 
From a population of about 50,000 in 1818, the State has sprung 
into the place of the third state of the Union with a population of 
nearly six millions. St. Clair County, second county in the State 
in 1820, with a population of 5,248, still remains the second county 
but with a population of about 130,000. To the galaxy of the 
Nation's great men and the State's idols, your beautiful city of 
Belleville, true to the literal translation of its euphonious name, 
enjoys the rare distinction of having contributed a goodly share. 
There was Ninian Edwards, a successful business man of Belleville, 
who attained the distinction of becoming Governor of the State, the 
onlj'- territorial Governor the Illinois territory had and the third 
Governor of the State. He left the imprint of his magnificent 
character, his winsome ways and his dignified and courtly bearing, 
indelibly on the records of Illinois. The house which he built and 
where he lived and died, during the disastrous cljolera epidemic 
which devastated a large portion of our State, still stands here, I 
am told, as a landmark and as his only monument. 

Governor John Reynolds, too, was a Belleville man. If he were 
alive today' he would doubtless be branded as a chronic office-seeker 
and as a politician whose hunger for place was practically insatiable, 
but in his day he secured and retained the confidence and love of 
his fellow citizens. He is the only man I know of who rose to first 
rank in all three of the separate branches of our State government, 
viz: the legislative, the judicial, and the executive. Reynolds was 
Governor and he was a great Governor, but, before he achieved this 



DUNNE — JUDGE, MAYOR, GOVERNOR 533 

distinction, he was a member of the Legislature and Speaker of the 
House. He was besides that a distinguished and illustrious member 
of our Supreme Court ; a member of Congress and a foreign diplo- 
mat. Best of all, he was the historian of the State. He wrote and 
printed his books in Belleville. Copies of the original editions of 
these publications are priceless treasures now and they are only 
parted with by their envied and happy possessors at fabulous prices. 
His home still stands and is an ornament to North Illinois Street. 
His bones rest on the summit of Walnut Hill Cemetery, his last 
resting place being marked by a dignified, though exceedingly mod- 
est shaft of marble. 

William H. Bissell was another of the Governors Belleville gave 
to the State. He also served with rare distinction in the Congress of 
the Nation. He was a man of robust courage, charming eloquence 
and great executive power. His prompt acceptance of the Jeff Davis 
challenge to a duel and the trying conditions he named and the 
subsequent humiliating backdown of Senator Davis is one of the 
facetious events in American history. 

James Shields practiced law in this city, a Belleville man. So 
high did he rise on the pedestal of fame that his statue today graces 
a spot in the Hall of Fame in the Nation's Capitol in Washington. 
He, too, was a statesman, a jurist, a soldier, an orator. His person- 
ality was overwlielming, fascinating and overpowering. Illinois 
claims him as her own but, after leaving Belleville, he had the rare 
distinction of representing two other states, Missouri and Minne- 
sota, besides Illinois, in the Senate of the United States. This is 
wonderful and an unexcelled record. 

One of the greatest men our State has produced was Lyman 
Trumbull, and he came to us from St. Clair County and from Belle- 
ville, where he lived and practiced law for many years. He loved 
this city and its people. He became distinguished among his fellow 
men. He was Secretary of State, a Supreme Justice and twice a 
United States Senator. He was really and truly a noble Roman. 
In the Senate he served with the intrepidity of a lion, the ability 
of a Cicero and a Demosthenes, and the fidelity of a Cincinnatus. 
I knew" him, loved him and revered him. 

Belleville has the record of having furnished three of the Gov- 
ernors of the State but the city was not content to stop there; it 
also supplied two of the Lieutenant Governors, viz: AYilliam C. 
Kinney and Gustavo Koerner. Either of these men would have 
made a great Governor. They possessed education, culture, charac- 
ter, ability, brains, energy and ambition. Koerner was of the cele- 
brated German stock, for which your city and county are justly 
famous. 



534 DUNNE — JUDGE, MAYOR, GOVERNOR 

Belleville was the home of Jehu Baker, an orator of national 
reputation and a great statesman, who died a pioneer in the pro- 
gressive political movement which is at this time bringing about 
great changes in the social, economic and political conditions in this 
country, through process of peaceful revolution. It was the second 
home of the illustrious William R. Morrison, hero of two wars, and 
father of tariff reform. It was the .home of Henry Raab, the friend 
of the gifted Altgeld, twice elected to the high office of Superin- 
tendent of Public Instruction. Raab was a thinker, a philosopher 
and an educator. He was one of the great school teachers of his 
day and time. He remained strong, powerful and manly to his 
death. He set an example worth emulating. He held the respect, 
the admiration and the love of all men. Nor has Belleville ceased 
to produce men of sterling worth and character in pulilic life. 
Today it is giving us Fred Kern, one of the truest and ablest men 
in public life, and Charles Karcli, your member of the Legislature, 
in whom you should take more than ordinary pride. 

I congratulate Belleville and its people ; the record they have 
is one to be proud of. I congratulate St. Clair County. In point 
of population, St. Clair County is only outranked by Cook. 

Your city is famous now and St. Clair County is, for its diversi- 
fied industries, its capable men and women, its splendid children, 
its fine schools, its magnificent churches, its exceptional libraries, 
its mines, its farms, its factories, its intricate network of railroads, 
its vast resources, its wealth, its glorious past, its wonderful possi- 
bilities for the future. I am proud to have the opportunity to spend 
the evening of your centennial anniversary with you. I thank you 
for your exceedingly kind invitation, and close by expressing my 
profound appreciation of your whole-souled generosity and your 
liberal hospitality. 



DUNNE JUDGE, MAYOR, GOVERNOR 5'So 



PROCLAMATION FOR "ROAD DAY." 

To THE People of the State, March 22, 1914. 

Perhaps no subject has more thoroughly aroused the people of 
Illinois to action than has the question of improvement of our wagon 
roads. 

In Illinois, we are entering upon a new era of road improve- 
ment. The new road law of the State, one of the most comprehen- 
sive under which any state is acting, has become operative. 

It, therefore, seems fitting, as the time of year approaches when 
actual work can be done on our roads, that there should be set aside 
a day known as ''Road Day," upon which should be commenced 
coordinated and intelligent work in improving the roadways of the 
State. In the observance of this day, particular attention should be 
called to the improvement of our dirt roads, and, so far as practi- 
cable, plans should be laid whereby actual work shall be initiated 
on a day, set aside for that purpose, and carried on continuously 
thenceforth. 

The spirit of the new road law" is one of cooperation ; the co- 
operation of State 'officials with local officials, and, more especially, 
the cooperation of the people themeslves with all the officials in 
their endeavor to carry on efficient work. 

Heretofore our road laws have been woefully inadequate and 
ineffective. The Tice law of 1913 now makes possible economical 
and well systematized efforts, without which efficient results cannot 
be obtained. 

It is important that the local highway commissioners, the 
county superintendents of highways, the good roads organizations 
and commercial clubs, in their respective communities, unite in the 
adoption of a plan to organize and carry out this work so as to 
give the greatest number of citizens an opportunity to celebrate the 
observance of "Road Day" by practical work on the roads, such 
as road dragging, grading, draining, hauling and placing gravel, 
stone or other road material. 

I have requested the State Highway Commission to suggest 
wdiat class of work may be entered into advantageously. 

It is also advisable that "Road Day" be observed in the schools, 
for the children of today are the citizens of tomorrow, and there 
should be read to the pupils in all the schools, on this day, a short 
treatise dealing with the subject of road improvement together with 
this Proclamation. 



536 DUNNE — JUDGE, MAYOR, GOVERNOR 

It is hoped that the observance of "Road Da}'" Avill result in 
the inauguration of practical work in the up-keep of the public 
roads of the State. 

Now, therefore, for the purpose of bringing about the com- 
mencement of comprehensive and coordinated work upon the road- 
ways of the whole State, I hereby designate Wednesday, April 13, 
1914, as "Road Day" — not a holiday, but a hard-work day — upon 
which day, I respectfully urge the State Highway Commission, the 
State highway engineers, county superintendents of highways, town 
or district road officers, their employes and the public in general, to 
begin practical and effective work upon the improvement of high- 
ways of the State, to continue said work industriously and to ' ' Pull 
Illinois out of the mud," which has so grievously clogged her rural 
transportation in the past. 

In witness whereof, I, Edward F. Dunne, do hereunto set my 
hand and cause to be affixed the Great Seal of State this twenty- 
third day of March, A. D. 1914. 

E. F. Dunne, Governor. 



DUNNE — JUDGE, MAYOR, GO\^RNOR 537 



THE HIGHWAYS OF ILLINOIS. 

Illinois Highway Improvement Association, Chicago, 
March 26, 1914. 

Mr. Chairman and Gentlemen: 

Illinois is the third State in the United States in population, 
wealth, and political and commercial importance. 

It is the premier agricultural State of the United States. Its 
soil, on the average, is three times as valuable, in selling price, as 
the average soil of the United States, and yet in that important fea- 
ture which gives value to the farm, to-wit : the roadways which lead 
to its gates, Illinois is scandalously and deplorably in the back- 
ground as compared with most of the other progressive states of 
the Union. 

In the matter of rates of improved roadways to unimproved 
roadways, Illinois holds today the hoodoo number of 23. In other 
words, 22 of the states of the United States have a greater ratio of 
improved roadwaj^s to unimproved roadways than has the great 
State of Illinois. 

I was surprised to find, upon investigation, that Illinois has a 
smaller percentage of improved roads than has the United States 
in general. In other words, the average percentage of improved 
roads to unimproved roads in the whole of the United States on 
December 31, 1911, was ten and one-tenth per cent, while the aver- 
age in the great State of Illinois was only nine and forty-seven 
hundredths per cent on the same date. This situation of affairs has 
been, and is, a reproach to the intelligence and a blemish on the 
reputation of this State. 

]\Iost of the public utilities of our State were under the control 
of private hands or corporations, practically without statutory or 
administrative regulation, until the year 1914. All of these utilities, 
however, owned by private corporations, have been, by the action 
of the last Legislature, brought within the control of the Public 
Utilities Commission of the State of Illinois, and will be compelled 
by that commission to give decent service to the public at reason- 
able rates ; but the greatest utility of all, to-wit : the public roadways 
of the State, are absolutely under public control and in public 
ownership, and yet the public of the State of Illinois, owning and 
controlling this greatest of all utilities has failed in its duty to give 



538 DUNNE — JUDGE, MAYOR, GOVERNOR 

decent transportatiou to the farmers and citizens of Illinois, by 
making" these roads decently passable. 

Less than ten per cent of these roadways are improved, and for 
one-third of the year, the unimproved roads of this State are, in 
many extensive districts, practically impassable, and unfitted for 
use by the farmers of the State. As a result the production and 
marketing of crops is hindered ; rural consumers are kept away from 
the stores of the merchants; pupils frequently kept from school; 
voters from political meetings, and from participation in elections, 
and social, fraternal and religious organizations are seriously im- 
paired in their gatherings. 

The impassability or difficulty of passage of these roads has 
contributed more than anything else to the isolation and unattrae- 
tiveneps of farm life, and has driven, in many cases, the best 
brain and brawn of our citizens from the farm land to the con- 
gested cities. 

Alienists of standing ascribe much of the depression and 
melancholy, particularly among women, to the solitary life en- 
forced upon the occupants of farms by reason of improper 
methods of intercommunication. It is high time that the back- 
ward and disgraceful position which Illinois occupies among the 
States in regard to the improvements of its roadways should be 
changed. 

The amended law, placed upon our statute books by the last 
Legislature, know^n as House Bill No. 843, affords a scheme of 
State aid, and provides for cooperation betw^een the State and the 
counties in such a way as to encourage and develop road building 
in the State of Illinois. 

No class of people in the comm,unity should be more inter- 
ested in the development of improved highways than the farmers 
of the State. These roadways are the only avenues leading to 
the gates of their farms, upon which they can get to market the 
products of their soil and industry, and the only avenues over 
which they can bring themselves and families into contact with 
their felloAV beings. 

It is true that road building costs money. It is true tliat it 
Avill entail some taxes, but I do not believe that, if the roadway 
building of the State is conducted upon sane and sensible lines, 
under which honest work will be done for fair compensation, 
there is a farmer in the State of Illinois whose property will not 
be enhanced in value several times the amount of taxation he 
may be compelled to pay under the new road law in the way of 
bringing about good roads in his neighborhood. 

It is time for the intelligent and progressive people of Illinois 
to drag their State out of the disgraceful 23d position she occu- 



DUXNE — JUDGE, MAYOR, GOVERNOR 539 

pies among the states in the way of road building, and further 
drag the people of the State of Illinois "out of the mud", that so 
long has retarded in particular the great agricultural interests 
of this premier agricultural state. 

Many voluntary organizations have taken this important 
question up and are cooperating forcefully and effectively with 
the public authorities of this State, and I am pleased to rank 
prominently among these organizations the "Illinois Highway 
Improvement Association," the organization to which you belong, 
and on behalf of the people of the State of Illinois I wish to con- 
gratulate you upon the interest you are taking in this important 
subject, and to thank you and other organizations of like char- 
acter for the splendid support you are giA'ing the State Highway 
Commission, and the local road building organizations of the dif- 
ferent districts of the State, and I urge upon your organization 
and all other organizations of like character to cooperate with 
the State Highway Commission in and about making a great suc- 
cess of "Road Day" upon April 15, this year. 



540 DUXNE JUDGE, MAYOR. GOVERNOR 



ON SUBWAYS IN CHICAGO. 

Statement to the Public, March 30, 1914. 

There is no need for argument that subways must be built in 
Chicago. It is inconceivable that a city of nearly 2,500,000 
people, whose growth in population, commercial power, and 
world influence has only begun, should neglect the most modern 
scientific means of adequate transportation for its people. Chi- 
cago's citizens are intelligent enough to decide for themselves, 
and decide rightly, which method of making an immediate start 
in subway construction is best for the community's welfare. 

The important issue at the present time is not Avhether the 
beginning should be made upon an initial subway in the heart of 
the city, to be developed and extended from time to time as the 
city's needs demand, and as the city's finances or credit is avail- 
able or whether that beginning should be made upon a compre- 
hensive city-wide plan upon the city's own cash and credit. 

The important point, as I view it, is that no method of sub- 
Avay construction should be considered unless it provides, in un- 
equivocal terms, for municipal ownership. Not only that, it 
would be destructive of the principle of municipal ownership to 
give existing traction companies a part proprietorship in sub- 
ways by accepting financial aid from them in construction, or, 
in any other way, to allow these companies a controlling interest 
in subways. 

During the framing of the traction ordinances that were 
passed in 1907, I was mayor of Chicago, and was opposed to allow- 
ing the traction companies to assume financial responsibility, in 
any degree, for Chicago's future subways. My views on this score 
have not changed during the seven years since elapsed. I do not 
consider that Chicago's experience with existing traction com- 
panies offers assurance that these corporations are desirable part- 
ners for the city in any large plan of betterments, intended to 
really solve the transportation problem. 

Our battle for municipal ownership of Chicago's traction 
lines, during my occupancy of the mayor's office, was waged on 
the proved theory that private ownership of leading municipal 
utilities is responsible for a large proportion of political corrup- 
tion in cities, as well as for the poor service rendered. 



DUNNE — JUDGE, MAYOR, GOVERNOR 541 

Experience teaches that the most modern cities, in Europe 
and America, are ;nore and more coming to this view. It is being 
proved, also, in countless instances, tliat cities are generally com- 
petent to ovrn and manage their leading utilities. They not only 
serve the people better, and more economically, by doing so, but 
they ren;.ove the constant incentive to graft and corruption that 
follov\'s in the wake of private ownership. 

It is my belief that Chicago now has one of the greatest op- 
portunities in its history to declare iis independence of further 
domination by its private traction monopoly. There should be 
an emphatic response to the appeal for a manifestation of true 
public spirit. If the chains of private monopoly are irksome, 
now is the time to break them rather than to make them stronger.. 

Passenger subways should be a municipal undertaking. I am 
personally inclined to the view that the city should build subways 
with its own funds, as rapidly as such funds are available, and 
then lease the subways, under proper safeguards, to skilled 
operators. It is merely a question of method — the goal should 
be the same in any method adopted, absolutely city ownership. 

AVhether the city starts subways on a comprehensive scale,, 
at the outset, or in an initial progressive way, there can be no 
possible excuse for any surrender of these immensely valuable 
underground spaces to those who merely seek to further exploit 
and commercialize the people's needs. 

Chicago, as a city of manifest destiny, needs every ounce of 
patriotism among its present citizens to forestall a calamity of 
this kind. 



542 DUNNE — JUDGE, MAYOR, GOVERNOR 



ON AMENDMENTS TO MUNICIPAL 
COURT LAW. 

Statement to the Public, March 31, 1914. 

This law was one of the 188 bills submitted to me as Governor 
for approval or disapproval, when the Forty-eighth General Assem- 
bly took a recess on June 20, 1913. 

It reached me from the Attorney General's office on June 24, 
1913. As printed in the session laws of the Forty-eighth General 
Assembly, it covers forty-two of the printed pages of that volume. 

Between June 24 and June 30, when the Legislature re- 
assembled, I was compelled to pass upon 132 bills, many of them of 
great length. It was absolutely impossible, in this brief time, to 
personally digest and analyze, critically, this act. I was advised by 
the Attorney General that section 56 of the act was unconstitu- 
tional. 

Upon reading sections 2 and 56 of the act, my own experience 
as a judge and a lawyer, convinced me of the absolute correctness 
of the Attorney General's opinion. I therefore determined to veto 
the act. Some intimation must have reached the judges of the 
Municipal Court of my intention. A delegation of these judges, 
consisting of Judges Goodnow, Wells and Caverly, called upon me 
at my office and asked to be heard in objection to my impending veto. 

I informed them that section 56 was plainly unconstitutional 
and illegal. They thereupon called my attention to the fact that 
under section 87 of the act, "The invalidity of any other portion 
of this act shall not affect the validity of any other portion thereof, 
which can be given effect without such invalid part, ' ' and promised 
me, as Governor, that if I would approve the act, they would bind 
the judges of the Municipal Court not to enforce the provisions of 
this section until its constitutionality and legality would be passed 
upon by the Supreme Court of this State. 

They assured me that they represented the full municipal bench 
and this undertaking on their part was committed to writing, and, 
according to my recollection, signed by the three judges on behalf 
of the Municipal Court. 

My recollection is also that they afterwards informed me that 
the full municipal bench approved this agreement. Upon this un- 



DUNNE JUDGE, MAYOR, GOVERNOR 543 

derstanding, after conference with the Attornej' General, I ap- 
proved the act. 

I am still of the opinion that section 56 is not only nnconsti- 
tutional but dangerous to the community. 

It permits any judge of the Municipal Court, on the application 
of any person in private life, no matter how irresponsible, to file a 
complaint against any citizen charging a felony, and, ipso facto, by 
the filing of such complaint that court takes jurisdiction of the 
defendant charged with such felony and places him on trial without 
any official investigation by any sworn body or official before assum- 
ing jurisdiction. 

In my opinion, if this section becomes law, the Municipal Court 
will be flooded with complaints by private citizens to such a degree 
as to prevent any public official taking the charge and control of 
such prosecutions, in which event the same section provides that the 
court which receives the complaint "may appoint any attorney-at- 
laiv to act as prosecuting attorney." 

I do not know whether the judges of the Municipal Court are 
now of the opinion that this section is constitutional and valid. If 
they are of the opinion that it is constitutional and valid and are 
of the opinion that the section should be enforced, the law should 
be beaten at the polls. 

The section is not only unconstitutional, but would be, if en- 
forced, a serious invasion of the rights of citizens as heretofore 
enjoyed in the State of Illinois. 



5-14 DUXXE — JUDGE, MAYOR, GOVERNOR 



ON THE PARDON OF CHARLES A. 
KIMSEY. 

Statement to the Public, March, 1914. 

I have this day commuted the sentence of a convict avIio Avas 
convicted of an atrocious crime. 

The crime was committed by an adult man with the consent 
of a female child incapable of giving legal consent under the law. 

AVhat justification have I for commuting this sentence and 
giving this man his liberty? 

Every justification from standards which appeal to a human 
heart tinged with human sympathy. 

As the result of this crime a babe has been born which for 
three years has borne upon its brow the brand of illegitimacy. 
An innocent-minded girl for the same long period has borne a 
blasted reputation. Throughout these three years of ignominy 
to the girl wliose reputation has been blasted, and of criminality 
to the man whose reputation has been ruined and Avhose liberty 
has been taken from him, this man and girl have preserved an 
affection for each other. Avhich must be, and is, more tiian lustful. 

She, with the consent of her nearest relatives, and the man in 
the penitentiary, have jointly appealed to me to permit them to 
become man and wife, to have the iron bars of a penitentiary, 
which have separated them so long, torn apart ; to permit them to 
be married under the laws of the State ; to found a home : to legiti- 
matize their child, and to become respectable members of society. 

To refuse this appeal from them, their relatives and friends, 
and to keep the man longer in prison Avould have the effect of 
still longer compelling this woman to bear upon her breast the 
scarlet letter and to expose this child of three years of age, in its 
developing consciousness, to the taunts of its playmates, and 
would prevent this man and woman from condoning the past by 
living a virtuous life within the bonds of wedlock. 

A strict adherence to the letter of the law which would keep 
this man in prison for twenty years longer, instead of vindicating 
society and the criminal code, would, in my opinion, subject 
society and its laws to well merited censure. 



DUNNE — JUDGE, MAYOR, GOVERNOR 545 

"To err is liumaii, to forgive divine/' Tlie pardoning power 
was invested in the Governor of the State to cover just snch 
cases, and, in my judgment, in commuting this man's sentence I 
follow the dictates of humanity, the teachings of Christianity, 
and exercise wisely and justly the discretion vested in me by 
the laws of the land. 



-18 



546 DUXNE — JUDGE, MAYOR, GOVERNOR 



DEMOCRATIC IDEALISM. 

Statement in the East St. Louis Gazette, March, 1914. 

The subject, "Democratic Idealism," would have been 
broader two years ago than now. AVebster says idealism means 
conception of the ideal, and the ideal is a mental standard or 
model which exists only in theory. In the last twelve months 
many Democratic ideals which previously existed only in theory 
have become facts in the statutes of Nation and State, and so are 
removed from the sphere of idealism into that of reality. 

The Democratic party's ideals agree perfectly with the party 
name. Every school boy knows democracy means the rule of 
the people. Our fundamental ideal is complete rule of the com- 
mon people. There was a time when Democrats were accused 
of being theorists only, incapable of putting their ideals into 
practice. Few persons would assert that now. A Democratic 
President and Democratic Congress have made a record unsur- 
passed in history for fulfilling party promises. Those who are 
familiar with the work of the last State Legislature in Illinois 
know now, and history will record that that Legislature put more 
progressive statutes into effect than any in the history of the 
State. When all these new measures have had time to produce 
their results the soundness of Democratic ideals will be demon- 
strated. There will be a more equal distribution of prosperity 
and a far more equal distribution of justice. 

The Democratic party has long been known as a party of 
ideals. Let us take pride in that fact. Does any one ever talk 
of Republican ideals? If one were in doubt that the Repul)lican 
party bases its sole appeal to the people upon material selfishness, 
that doubt would disappear upon consideration of the course 
Republican leaders are now following. They are crying hard 
times and praying for a panic. Their hope of return to power 
is based on the possibility of a financial condition which will 
impel men to consider dollars above principles and allow their 
selfish interests to blind them to the common good. But there 
will be no panic. The currency bill, which established in this 
country for the first time a democracy of finance, has made it 
impossible for cabals of vast wealth to precipitate panics for 
political or other purposes. 



DUNNE — JUDGE, MAYOR, GOVERNOR 547 

One Democratic ideal ceased to be a theory and became a fact 
when for the first time in a generation, Congress enacted a tariff 
law in which no special interest or lobby had any hand. This 
great measure unfettered industry and commerce and deprived 
monopoly of its control over production, distribution and prices. 
It was passed by a Congress unhampered by the pernicious 
lobby — the corrupt agent of special privilege, — which had been 
eliminated from the halls of the Capitol, where it had been in- 
trenched for years, as a result of exposure made by the President. 
Democratic ideals became accomplished facts in the adoption of 
the first two amendments to the Constitution since 1870, namely, 
the imposition of a graduated income tax and the provision for 
electing Senators by direct vote of the people. The income tax, 
which is a feature of the new tariff law, makes the fortunes of the 
rich bear their proportionate part of the burden of taxation, and 
will probably bring into the Federal treasury one hundred million 
dollars a year. The direct election of Senators by popular vote 
is an epoch-making change in our system of government, the 
greatest victory for popular rule that has been won in fifty years. 

In Illinois, after sixteen years of Republican control of the 
Illinois Legislature, the Forty-eighth General Assembly convened 
last January with a small plurality of Democrats elected to both 
Houses but without a majority. 

In my inaugural message, I urged upon the Assembly certain 
legislative steps which I deemed necessary for the welfare of the 
commonwealth, and that I had advocated during the campaign 
previous to my election. Most of these measures met with the 
approval of the Legislature, but among the most important that 
I recommended, but which failed, were the initiative and refer- 
endum, and the abolition of the State Board of Equalization. 

I recom.mended in my inaugural and special messages, the 
enactment of eighteen specific measures, twelve of which received 
the approval of the Assembly, and I had the pleasure of affixing 
my signature thereto, and thereby making them laws of the State 
of Illinois. 

Democratic ideals are in harmony with the immense expendi- 
tures Illinois is making upon public charities which the last Legis- 
lature substantially increased. Not a dollar must be wasted but 
the unfortunates of the State must be given the best scientific 
care it is possible to buy, with kind and sympathetic treatment, 
good food and clean, comfortable living quarters. The friends of 
inmates of Illinois institutions, — hospitals, schools and homes, — 
may rest assured that all this will be provided under Democratic 
rule. 



548 DUNNE — JUDGE, MAYOR, GOVERNOR 

Nor do Democratic ideals bar from kindly consideration the 
prisoners in our reformatory and penitentiaries. They have of- 
fended against the lavv^s and are righteously being punished ; yet 
they are men and brothers and only too often have they been more 
sinned against than sinning. AYe shall try to build them up 
rather than destroy them; to treat them behind the bars so as 
to send them out into the world again, not .broken but mended ; 
with an opportunity to make good and with help rather than 
hindrance in their efforts to seize the opportunity. 

In this instance I have mentioned and in many others, Demo- 
cratic ideals are being wrought into reality in a way of which 
every Democrat should be proud. But there are still many 
ideals which remain theories. The Initiative and Referendum is 
one of these. The abolition of the State Board of Equalization 
is another. Let us work for a Democratic Legislature which 
will provide for constitutional amendments that will enable us 
to secure to the people these great reforms and keep step with 
the demands of the progressive Democracy now triumphant in 
the State and Nation. 



DUNNE — JUDGE, MAYOR, GOVERNOR 549 



AS TO TUBERCULIN TEST OF DAIRY 

HERDS. 

Statement to the Public, April 8, 1914. 

In view of certain letters of protest which Governor Dunne 
has received from commission men doing business at the Union 
Stock Yards in the City of Chicago and of letters which have 
been received from dairy men and stock dealers in relation to 
the proclamation issued by the Governor, dated November 12, 
1913, and which proclamation went into effect January 1, 1914, 
and which in substance prohibited the importation into the State 
of Illinois, except for immediate slaughter, of cattle which did not 
have a certificate of health based upon the tuberculin test, the 
Governor desires to make this statement. 

The said proclamation was issued only after a very deliberate 
and careful examination into the cattle-raising business of the 
State of Illinois. It was unanimously recommended by the Chief 
State Veterinarian and the Board of Live Stock Commissioners. 
When the matter of issuing the proclamation was under con- 
sideration, notice was given to the persons and interests opposed 
to its issuance. Those favoring, and those opposing, the issuance 
of the proclamation were given full opportnuity to be heard. The 
question of the accuracy and reliability of the tuberculin test was 
fully gone into. 

The Governor then communicated with the United States 
Department of Agriculture, Bureau of Animal Industry, and 
ascertained that that bureau regarded the tuberculin test as accu- 
rate and reliable, and in no way injurious to cattle. 

Most, if not all, of the stock-raising associations in the State 
have strongly commended the Governor's course in issuing this 
proclamation, but several commission men, doing business in and 
around the Union Stock Yards in Chicago, are opposed to its 
continuance. 

In view of these facts, the Governor has again communicated 
with the United States Department of Agriculture, Bureau of 
Animal Industry, and asked that department to inform him, first, 
whether or not the tuberculin test is accurate and reliable, and, 
second, whether or not its administration could be injurious to 



550 DUNNE JUDGE, MAYOR, GOVERNOR 

cattle. In answer to these inquiries, the Governor has received 
the folloAv ing communication : 

"UNITED STxVTES DEPARTMENT OF AGRICULTURE, 

BUREAU OF ANIMAL INDUSTRY, 

WASHINGTON, D. C. 

Hon. Edward F. Dunne, Governor, State of Illinois, Springfield, III. 

Sir: Referring to your letter of March 20, enclosing a copy 
of a proclamation issued by you upon November 12, 1913, and 
requesting information in regard to the status of the tuberculin 
test as a diagnostic agent for bovine tuberculosis of cattle, I have 
the honor to state that the tuberculin test, when properly applied 
by qualified veterinarians or other persons especially trained in 
the technique of the test and the physical diagnosis of diseases of 
animals, is considered the most reliable method known for the 
diagnosis of bovine tuberculosis. When the test is applied in the 
manner indicated post-mortem examinations will confirm the re- 
actions to the test in approximately 98 per cent of the cases. 

Tuberculin is a sterile extract of the product of the growth 
of tnbercule bacilli in artificial culture media, and its injection 
into healthy cows is not capable of producing tuberculosis or 
any other disease, in fact, it has no more influence upon healthy 
cattle than would the injection of the same quantity of freshly 
boiled water. It has no influence in producing abortion in 
healthy cows, although in a few instances it has appeared as a 
possible factor in producing abortion in cows affected with ad- 
vanced cases of tuberculosis. 

Statistics obtained from herds of cattle in which the milk 
produced is weighed at each milking, show that the application 
of the tuberculin test has no influence whatever in reducing milk 
production. 

Very respectfully, 

(Signed) A. D. Melvin, 

Chief of Bureau." 

The Governor places the above letter before the public and all 
parties interested for their impartial consideration. 



DUXXE — JUDGE, MAYOR, GOVERNOR 551 



TO PERMIT TRAVELING SALESMEN TO 

VOTE. 

Statement for ' ' Traveling Salesmen, ' ' April 13, 1914. 

I have for many years past been made aware by frequent 
communications from, and by conferences with, commercial 
travelers, of the great hardship imposed upon these hard w^orking 
men in the way of compelling them to abandon their business, 
leave the road, and return to their homes upon registration day 
in order to secure the right to vote. 

I am satisfied that, because of the provisions of the registra- 
tion law, many thousand hard working, honest and patriotic men 
engaged in commercial business are deprived of the right to vote. 

I believe that the law could be amended so as to permit bona 
fide comanercial travelers bearing credentials from their employ- 
ers to register at any time within ninety days of an election by 
making personal application to the Board of Election Commis- 
sioners. Upon such application being made to the Board of 
Election Commissioners at any time within ninety days preceding, 
and not less than ten days before the election, the Board of Elec- 
tion Commissioners could have ample opportunity to ascertain 
the right of the applicant to vote, and the fact that his business 
compelled him to be upon the road on registration day, and if 
they ascertained after careful examination, that the aj^plicant 
was a citizen entitled to vote, and actively engaged as a traveling 
salesman, they could then so certify and place his name upon 
the register as a traveling salesman and relieve him from the 
necessity of personally registering his vote on registration day 
in his precinct. 

The law, of course, would have to be carefully drawn so as 
not to permit fraudulent voting by persons not traveling sales- 
men, who might attempt to vote illegally under the provisions of 
the act. 



552 DUNNE — JUDGE, MAYOR, GOVERNOR 



MEDIATION PLAN IS FAVORED BY 
GOVERNOR OF ILLINOIS. 

StxVTEment to the Public, April 26, 1914. 

After reading dispatches from AVashington, announcing that 
Chile, Argentine and Brazil had tendered their good offices in an 
effort to settle the Mexican controversy. Governor Dunne last 
night made the following statement: 

"The acceptance by this great and powerful country of the 
offer of inediation, tendered by our sister republics in South 
America, when we have the weak, distracted and war-torn ]\Iexi- 
can nation practically under our heel, is one of the most magnani- 
mous exhibitions of diplomatic generosity the world has ever 
seen. No one doubts that we could crush Mexico like an egg- 
shell, if we saw fit to do so. The strong can afitord to be gener- 
ous. The acceptance of mediation averts a one-sided war, but 
redounds to the glory and generosity of a great, just and peace 
loving nation. It markj in history the beginning of the end of 
war. the commencement of disarmament, and the inauguration of 
arbitrament among nations. All honor to the great peace loving 
President of the United States and his Secretary of State." 



DUNNE — JUDGE, MAYOR, GOVERNOR 553 



ON MOBILIZATION OF ILLINOIS 
NATIONAL GUARD. 

Statement to the Public, May 1, 1914. 

Mobilization of the Illinois National Guard at the present 
time, before any call for troops is made by the President, would 
be wholly unjustifiable, impractical, highly expensive, and not 
productive of any practical good results. 

From present indications there will be no war with Mexico. 
If, unfortunately, war should arise, there will be ample time to 
mobilize and season the National Guard for active dut}", after the 
President has issued his call for troops. 

The seasoning should be done not in Illinois, but in a 
southern camp, contiguous to Mexico. If the National Guard, at 
its present strength, were mobilized in Springfield tomorrow, 
it would be at a cost to the State of probably $25,000 per day, no 
part of which would be paid by the Federal Government. This is 
a burden which the taxpayers of the State would resent in view 
of the fact that it would be of no practical value. 

Mobilization of the National Guard before any call for troops 
is made would have the appearance of forcing the hand of the 
President, and would be playing into the hand of the belligerent 
jingo who wants war even when war is unjustifiable and un- 
necessary. 

Moreover, mobilization of the National Guard at the present 
time without notice to the employers of the men in the National 
Guard would occasion them great loss and inconvenience which 
should only be entailed upon them when war is declared. 

For these reasons no mobilization of the National Guard of 
Illinois will be ordered by the Governor at the present time. 



554 DUNNE — JUDGE, MAYOR, GOVERNOR 



ON THE DEATH OF MARINE, SAMUEL 
MEISENBERG, AT VERA CRUZ. 

Address at Chicago, May 14, 1914. 

Mr. Chairman, Ladies and Gentlemen : 

Nearly two thousand years ago, the Roman poet Horace 
declared: "Dulce et decorum pro patria mori." 

The patriotism that inspired the poet in the days of Rome 
still stirs the breast of the modern patriot. To die for one's coun- 
try is still a welcome and an honorable death for him who loves 
and honors his country. Patriotism still lives, and heroism still 
prevails. 

At the call of duty but a short month ago, this young man 
whom we honor today, tore apart the ties which bound him to 
home and kin, and devoted himself to the cause of his country. 
Today he lies upon his bier, a willing sacrifice to the vindication 
of his country's honor. 

Death is a tragedy in any shape, in any form, in any place, 
and in any cause, but a death that occurs in the defense of the 
honor of one's country is the sublimest of tragedies. 

The mother and the kin of this brave lad are bowed today 
with grief and sorrow, but if ever sorrow can be assuaged, if ever 
grief can be mitigated, that sorrow has been assuaged, and that 
grief must be mitigated by the circumstances of his heroic death. 

This young man and his brave young comrades leaped upon a 
foreign soil midst a rain of deadly bullets, and gaA^e up their lives 
that the honor of their country might be vindicated. 

When that order came, like the men at Balaklava, 

"Theirs not to make reply, 
Theirs not to reason why, 
Theirs hut to do and die," 

they obeyed orders, faced death, and made the supreme sacrifice. 
This young man, whom Ave are gathered together to honor, 
sprung from a race that was new to our soil ; from a race without 
a country or a flag in the ohl land, but Avith a yearning for liberty 
and equality that found its consummation in this great Republic. 
New to its soil, he early learned to loA^e the land of his parents' 



DUNNE — JUDGE, MAYOR, GOVERNOR 555 

adoption, and v/as ready to prove, and did prove, in a great crisis, 
his loyalty and fidelity to this land of liberty. 

What a splendid testimonial, do we find here furnished at 
Vera Cruz of the absolute loyalty of our naturalized citizens to 
the cause of the American Republic. Head the names of the men 
who gallantly gave up their lives in the vindication of Ai^erican 
honor in that southern port within the last few days, and you 
will find that the majority of them indicate their recent foreign 
extraction. Irish, French, German, Jewish, aye, even Armenian 
blood, mingled on the cobblestones of the streets of Vera Cruz in 
attestation of the splendid patriotism of the naturalized citizens 
of America. In the hour of trial, this Republic, in the personnel 
of its soldiers attested its cosmopolitan character. 

Young Meisenberg was a Jew, the descendant of a race whose 
virility has been attested by its survival of and triumph over the 
persecutions of ages, and the proscriptions of centuries, a race 
whose intellectual strength has been attested in art, in science, in 
literature, in music, in the drama, in the professions, in the marts 
of trade, and upon the battlefield, and a race which is furnishing 
in this land of equality its full share of leadership in modern 
thought and action, and which is proving its right to the enjoy- 
ment of that equality of opportunity which is the proud boast 
of this country, by its loyalty to American institutions and to 
American ia^"S. 

All honor to the dead, and the race from which he sprung. 
As he died, cheerfully and proudly, so will other men of tliat same 
race, in crises yet to come, prove their fidelity to this Nation and 
its policies. Let us do honor to his memory, ofl^er consolation to 
his kin, and congratulations to our mother country upon the life 
and death of such as he. 

"Whether on the scaffold high or in the battle's van, 
The noblest place for man to die is where he dies for man." 



556 DUNNE — JUDGE, MAYOR, GOVERNOR 



TO THE GRAND ARMY OF THE 
REPUBLIC. 

Address at Mattoon, June 4, 1914. 

Mr. Chairman and Gentleynen: 

As Governor of this State, it was my pleasure and duty last 
Saturday, to review the Memorial Day parade in Chicago. 

In the place of honor in that parade were a few of the gallant 
old men who a half-century ago offered their lives for the defense of 
their country's honor and integrity. 

It was not the first time that I had witnessed such a parade. 
Forty years ago, when a boy, I witnessed the parade of gallant, 
able-bodied men in thousands; men who were in the prime of life, 
who had returned about ten years before from the battlefields of 
the South ; returned to civil life, and who were engaged in the varied 
industries of the country. 

What a contrast between the years 1874, and the year 1914. In 
1874 thousands Avalked with the firm and steady stride of trained 
soldiers, with heads erect and shoulders squared. Last Saturday, 
there moved but two or three hundred men, gray-haired, stooped, 
and enfeebled by age. 

Post after post moved slowly by, in numbers that were pain- 
fully few. The flag of Mulligan's post was followed by only three 
survivors, and I reflected that although the numbers were not there, 
the spirit of the thousands of men who served the Union hovered 
around that meager, age-burdened group of men, and the spirit of 
the country, which first created and instituted Memorial Day, was 
as strong in the year 1914 as it was in the sixties and seventies. 

We are frequently charged in this age of commercialism with 
being materialistic and lacking in sentiment, and yet what better 
proof can there be that sentiment still reigns in this twentieth cen- 
tury than the fact that fifty years after the great Civil War, men 
and women Avill lay aside the duties of life and celebrate JMemorial 
Day with as inudi solemnity and feeling as they did one-half 
century ago. 

A few years ago I was in the city of Paris, and amongst the 
beautiful places of that beautiful city, I visited the Place de la Con- 
corde. Around this beautiful place were arranged in circular form, 
the statues of the great cities of France, and as I gazed from one to 



DUNNE — JUDGE, MAYOR, GOVERNOR 557 

the other I noticed that one was covered with wreaths of immor- 
telles. The name of the city was covered, and even the features of 
the figures were heaped up with these evidences of sentiment. I 
asked why was this statue so covered, and I was told that that statue 
represented the city of Strassburg, which by the fortunes of war 
was torn from the body politic of the French republic thirty 
years ago. 

I was further told that, during all these thirty years, there was 
never a time when the statue of the city of Strassburg was not 
covered with fresh immortelles, and upon looking upon that flow^er- 
covered statue, I was filled with admiration for the sentimental 
character of a people who, for thirty years, never forgot a lost sister 
among the cities of France ; and yet when I gazed upon the thou- 
sands of able-bodied men armed, accoutred for war who followed last 
Saturday the fading and failing posts of the Grand Army of the 
Republic. I congratulated myself that there was sentiment still in 
America as strong and as powerful as that sentiment which existed 
among the people of Paris, in relation to the lost city of Strassburg. 

The men and women of America today have the same admira- 
tion and respect for the men living and dead who risked their lives 
in the War of the Rebellion as they had fifty years ago, when this 
Nation was first recovering from the shock of that great Civil War. 
With that admiration, respect and affection for the heroes of that 
day, they have and feel a supreme confidence that such a crisis shall 
never again occur in American history; that the American people 
today are one and indivisible, North and South, East and West ; 
that the ties of the closest affection have recreated a Nation ani- 
mated by a patriotic fervor that will make another civil -war, not 
only improbable, but impossible. 

I congratulate you men of the Grand Army of the Republic, 
who still live, upon the fact not only that you did your duty in the 
hour of the Nation 's trial, but that you have been fortunate enough 
to possess such constitutions arid physical strength as to have with- 
stood the ravages of a half a century. 

Let me offer you congratulations to the living on behalf of the 
people of this country, and gratitude, both to the living and the 
dead, for the glorious part that you have played in the history of 
this great Republic. 



558 DUXXE JUDGE, MAYOR, GOVERNOR 



AS TO RENTAL OF STREETS BY CAR 
COMPANIES. 

Statement to Chicago Journal, June 4, 1914. 

I do not agree with Alderman Block, when he declares that the 
city of Chicago should "give the surface car companies the whole 
nickel to use for transportation purposes, but make them pay rental 
for the streets and license fees for their cars. ' ' 

I am surprised that Alderman Block should take this position. 
That was the situation prior to the passage of the ordinance of 1907. 
Under this sort of treatment of the car companies by the city of 
Chicago, the city of Chicago received for many years the most 
scandalous service in the w^orld, with little or no return to the city 
for rental or license fees. 

The surrender by the city of its 55 per cent of the net earnings 
of the surface lines to the traction companies is too big a price to 
pay for the merger of the elevated and surface lines. 

I am clearly of the opinion that the nickel fare will provide 
transportation of the highest efficiency on the surface lines under 
the present surface ordinance. If the efficient service is not now 
being given, it is not because of a lack of income. 

The ordinance of 1907 should have secured to the city a share 
of the gross receipts instead of a share of the net profits, but none- 
theless this ordinance does provide before there shall he any net 
profits that there shall he first-class surface car service, which can 
be enforced by the city council, and the board of supervising engi- 
neers, and paid for out of the income received from the nickels 
before any division of net profits is made. 

Net profits have been declared and divided ever since the 
ordinance was passed, every six months, and if the service has not 
been made efficient the fault lies with the board of supervising engi- 
neers and the city council, [and does not result from a lack of funds. 

I believe a nickel fare will cover the cost of universal transfers 
in the event of a merger between the elevated and surface lines. 
Universal transfers upon such consolidation may reduce the net 
profits, but I believe will not wipe them out. 

Rather than surrender 55 per cent of the net profits, now aggre- 
gating $13,000,000, and which is augmenting so rapidly in the city 
treasury, and which is available for the acquisition of these lines by 



DUNNE — JUDGE, MAYOR, GOVERNOR 559 

the city, I would favor the taking over of all the lines in the city, 
surface and elevated, by the city of Chicago by condemnation pro- 
ceedings, and the operation of the same under municipal owner- 
ship, pursuant to the beneficent provisions of the public ownership 
act, passed upon my recommendation by the last Ijegislature, 
in 1913. 

The city of Cleveland, Ohio, is enforcing a three-cent fare. The 
city of Detroit has within the last few days refused a proposition of 
what is practically a three-cent fare, made by the traction companies 
of that city, and has announced its intention of owning and operat- 
ing the traction lines of that city for the benefit of the people. 

If the city of Detroit can own and operate its traction lines and 
give a fare to the people of three cents or less, why should not the 
city of Chicago resolutely refuse to surrender to the traction com- 
panies the thirteen millions it now holds in its treasury for the 
building of traction lines and subways and the splendid income it 
is receiving year by year as additions to that fund? 

That fund should be held sacredly by the city of Chicago for 
the acquisition of these lines, as it was intended by the people it 
should be, and utilize it for the building of subways, railway tracks 
and acquiring equipment, rather than donate it to the transporta- 
tion companies in the city of Chicago. 

To surrender these funds to the traction companies as the price 
of the so-called merger, would be throwing to the winds the result 
of a ten years' fight that the people of Chicago have made against 
the traction companies of that city. 



560 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE STRUGGLE OF IRELAND FOR 
HOME RULE. 

Address to Irish Fellowship Club of Chicago. 

Mr. Toastmaster and Gentlemen: 

In modern history, I know of no more interesting, intellectual 
ajid moral struggle than that of the Irish people for local self- 
government. 

After a trial of seven hundred years, fair-minded English 
statesmen conceded forty years ago that English government in 
Ireland has proved a failure. It was maintained during the lasii 
half of the last century only by repeated suspensions of the huLeas 
coi-pus act, and the right of trial by jury and by the enactment of 
drastic and cruel coercion acts. 

Rebellion succeeded rebellion, coercion act succeeded coercion 
act, and the jails and prisons of Ireland were, from time to time, 
filled with political prisoners, among them the leaders chosen by 
the Irish people to represent them in the English Parliament. The 
most intellectual and highly educated men of Ireland, who in 
private life and in political life, were men of unimpeachable char- 
acter, were dragged to jail and there imprisoned because of their 
protests against cruel misgovernment as the result of that mis 
government. 

Ireland alone among the nations of Europe was constantly 
decreasing in population. Famine and emigration became the 
order of the day. Government was administered by a bureau- 
cracy' stationed at Dablin castle, and appointed by the English 
Government. 

Among those who suffered imprisonment because of tfeeir 
protests against this order of things were men like Parnell, 
Biggar, the Redmonds, Healy, O'Connor and John Mitchell, a 
grandfather of the present mayor of Ncav York. John Boyle 
O'Reilly, 'Dougherty, and others were banished from the land. 
Others were sentenced to death, all because of viKile protests 
against atrocious misgovernment. 

At length in the seventies of the nineteenth century, men 
arose to prominence in public life in Ireland, who discountenanced 
violence but appealed to reason. Among the first of these was 
Isaac Butt, the first great home rule leader. 



DUNNE — JUDGE, MAYOR, GOVERNOR 561 

Witli tremendous force and logic, he appealed to tlie English 
people and to the world for justice to Ireland. He asked for 
Ireland that right whigh each of the states of the United States 
possesses, the right of local self-government. His matchless elo- 
quence and convincing arguments began to make an impress upon 
the opinion of England and the civilized world. 

Carried off in the midst of his great propaganda, he was 
promptly succeeded by C. S. Parnell, Joseph Biggar, Timothy 
Healy, and other men of like integrity of character and purity 
of motive. These men in and out of the British Parliament pre- 
sented Ireland's case with a logic and force that commanded the 
respect of the civilized world. They gathered around them 
younger men who adopted their methods, the Redmonds, T. P. 
O'Connor, Justin McCarthy, and a host of other brilliant men 
who from that time doAvn to the present time have been waging 
an intellectual and moral fight for Irish self-government in a man- 
ner that has forced conviction even upon the English people. 

At length the cry of Ireland for justice and for self-govern- 
ment found enlodgment in the minds of English statesmen, and 
among the first, the great Gladstone, was forced to admit that 
England's policy of governing Ireland in the past was a fail- 
ure, and that other methods would have to be pursued to bring 
about a peaceful understanding between the English and the 
Irish peoples. 

Gladstone, with all his power of statesmanship, advocated 
a change of policy, and the substitution of conciliation and fair 
treatment for the mailed hand of oppression. He succeeded in 
converting the democracy of Great Britain to his views and 
passed a home rule measure through the House of Commons, only 
to have it strangled in the House of Lords. 

With the death of Gladstone, and the failure of his program 
the struggle for Irish self-government seemed to have been lost. 
The Irish people with a steadfastness and a fortitude unequaled 
in history, continued to send back to London, as their parlia- 
mentary representatives, men who followed the policies of Butt 
and Parnell, and these men with indomitable persistency kept the 
presentation of Ireland's case l)efore the English Parliament 
from that day down to the present time. 

Within the last two or three years they have won over to 
their cause the democracy of Great Britain, and the democracy of 
Ireland, and the democracy of Britain have at last placed upon 
the English statute books a measure of home rule that seems to 
be satisfactory to most of the leaders of these democracies. 

I have not analyzed the provisions of this act. As an Amer- 
ican citizen, living in this free land, it will not affect me or vou 



'0&2 DUNNE — JUDGE, MAYOR, GOVERNOR 

iu our civil life. I am not prepared to say that it is without 
flaw. It suffices for me to know that it meets with the approval 
of the great mass of Irish people, and the great mass of English 
people. 

My sympathy goes out to any who are suffering from mis- 
goverument, and my congratulations go out to any people who are 
escaping from misgoverument. 

I congratulate the democracies of Great Britain and Ireland 
that they have reached an understanding. I care not if that 
understanding fails to meet the approval of the privileged class, 
if the mass of the Irish people, and the mass of the English peo- 
ple are satisfied with this enactment. 

We who are not citizens or subjects of those lands must 
reach the conclusion that they are the best judges of their politi- 
cal future. That there are some of the British and some of the 
Irish people who are not content with its provisions is a matter of 
regret, but there are minorities in every country, and the will 
of the people, as expressed by the majority, must determine the 
policies of government in every coiuitry. 

Some of the extreme Irish nationalists under the leadership 
of "William O'Brien have not voiced their approval of this law, 
but failed to vote thereon. Others of the Irish people, under 
the leadership of Sir Edward Carson are bitterly opposed to the 
law, but both of these elements are inconsiderable in number, and, 
T believe, unreasonable in their attitudes. 

But six counties out of thirty-two follow the leadership of 
Sir Edward Carson, and but six members of Parliament, as I am 
informed, under the leadership of AA^illiam O'Brien, refused to 
voice their approval of the law. 

Out of this struggle of over forty years, the Irish home rule 
law of Asquith has emerged as the settlement of a great racial 
controversy. Settled not by a resort to bullets and brute force 
but as tiie result of intellectual combat and appeal to the con- 
science of the British empire. 

I trust that this settlement may alleviate the racial feud of 
even seven hundred years, and bring peace and prosperity to the 
Irish and the English peoples. 

In conclusion, let me suggest to the nonassenting O'Brienites 
and the protesting and dissatisfied Carsonites that the poetic 
advice of the great Irish poet, Thomas Moore, is as good today 
as it was a century ago. 

"Erin, thy silent tear never shall cease. 
Erin, thy languid smile ne'er shall increase 
Till, like the rainbow's light, 
Thy various tints unite 
To form in Heaven's light one arch of Peace." 



DUNNE — JUDGE, MAYOR, GOVERNOR 563 



THE GERMAN IN ILLINOIS. 

At the Unveiling of Goethe's Monument, Chicago, 
June 13, 1914. 

Mr. Chairyn\'in, Ladies and Gentlemen: 

Nearly a century after his death and in a country on the oppo- 
site side of the world from where he wrote and labored, we meet 
today to unveil a statue to the greatest dramatist and author who 
ever wrote in the vigorous, virile language of the German nation, 
Johann Wolfgang Von Goethe. 

How comes it, it may be asked in this far away country, so 
remote from the scenes of his labors, that a people, speaking a 
different language, in a nation different in character, should be 
paying so high a tribute to the genius of this man. 

It is because : first, Goethe is so great a character that admira- 
tion for his genius is world-wide, and not limited to the nation of 
his birth and tongue ; and, second, it is because there is in this great 
State a Germanic strain which has given to this State a population 
of probably 1,100,000 souls, or nearly twenty per cent of its total 
strength, and it is because these vigorous, virile Germans who have 
been transplanted .upon the fertile soil of Illinois have brought with 
them not only the grand old German tongue, but the German love 
of liberty, love of justice, and love of German literature and its 
highest exponents. 

This land of ours today is the greatest Republic upon earth, and 
at the same time the most cosmopolitan in character. Originally 
discovered bj^ an Italian, it was first settled by the Anglo Saxons, 
the French and the Spanish. In the struggle between the original 
settlers, the Anglo Saxons forced the French to the north and the 
Spanish to the south, thus reserving to the Anglo Saxon settlers 
the richest and most fertile lands on the face of the earth. The 
Anglo Saxons did not long continue to hold exclusive sway. 

When it became known in Europe that there lay between the 
St. Lawrence and the Gulf of Mexico a stretch of country of mar- 
velous richness of soil and mineral wealth, the daring and enter- 
prising men from other countries of Europe began coming to our 
shores. 



564 DUNXE JUDGE, MAYOR, GOVERNOR 

Among the first of these were the Germans, the Celts and the 
Scandinavians, and these virile people, pushing their way inward 
from the Atlantic, began to develop in the heart of this. great, fer- 
tile country the boundless resources placed there by nature. 

During the first half of the nineteenth century most of the emi- 
gration to America Avas from Germany, Ireland and Scandinavia, 
their numbers being in the order of their mention. In the latter 
half of the nineteenth century and up to the present date in the 
twentieth century, these three great sources of emigration were 
augmented by the emigrants from southern and western Europe, so 
that today it is probably true that there is not a country in Europe 
that has not more or less representation among the American people. 

As the result it has been truthfully said that ' ' Europe and not 
England is tlie mother country of America. ' ' Among all these dif- 
ferent races that have contributed to build up and develop this 
great cosmopolitan Republic, there is none perhaps who has left a 
more powerful impress upon the history of this country and con- 
tributed more effectually to its tremendous development than the 
men and women who have come from the land whose language and 
literature Goethe has immortalized. 

Possessing the same physical strength, capacity for endurance 
and intellectual power that made the German race irresistible, even 
as against the trained legions of Rome, it has displayed in this coun- 
try the same vigor, the same courage, tlie same intelligence and the 
same capacity for independence and self-control. 

The first great German settlement was at Germantown, Pa., 
about the end of the seventeenth century, which city was incorpo- 
rated by them in 1691, but dissolved soon afterwards as the histo- 
rian naively relates, "because no one would hold public office." I 
believe this is the only incident of its character in American history. 

Very early in the history of the State of Illinois, the German 
immigrant made himself felt in the shaping of public events in 
this State. Captain Leonard Helm and Captain Joseph Bowman, 
German Virginians, were two of the ablest and most courageous 
of the captains who invaded this State in the interest of the 
American Republic during the War of the Revolution under the 
leadership of George Rogers Clark. 

Baron Steuben abandoned a comfortable home and position in 
Prussia to enlist as a volunteer in the American Army, and ren- 
dered invaluable services under Washington, particularly in the 
siege of Yorktown. 

Baron de Kalb was also of the same race and rendered splendid 
service to the cause of the revolutionists. 

As early as 1820, German emigrants located in St. Clair County, 
in Belleville, until recently the principal city of that county. Belle- 



DUNNE — JUDGE, MAYOR, GOVERNOR 



565 



ville has always been regarded as a great German center, and for 
many years German Americans filled all tlie public offices of that 
county. 

Edward Rutz, three times State Treasurer, was a German who 
hailed from Belleville ; Gustavus Koerner, also from Belleville, was 
elected Lieutenant Governor of the State of Illinois, and afterwards 
was appointed Minister to Spain, 

Among the other eminent men of German extraction whose 
names are indelibly inscribed upon the history of this State are 
those of Samuel Etter, a former Superintendent of Public Instruc- 
tion; Frederick Hecker, Colonel, Twenty-fourth Illinois A^olun- 
teers ; Francis A. Hoffman, a former Lieutenant Governor of this 
State; Anton C. Hesing, the brilliant journalist; Washington 
Hesing, his son, a former postmaster of Chicago ; W. C. Kueffner, 
Colonel, 149th Illinois Volunteers, and Herman Raster, editor and 
journalist, all of whom have been gathered to their long rew^ard. 

The loyalty of the German-American emigrant has never been 
questioned. In peace and in war he has been loyal to the laws and 
institutions of his adopted country. Over 18,000 Germans or de- 
scendants of Germans volunteered and did valiant service in the 
cause of the Union from the State of Illinois. 

The Twenty-fourth Illinois, commanded by Hecker and the 
Forty-third Illinois, commanded by Colonel Engelman, were com- 
posed almost solidly of German-Americans, and the sons of Ger- 
man-Americans. Franz Sigel, of the neighboring State of Mis- 
souri, was one of the most brilliant generals in the Union Army, 
and Carl Schurz was probably one of the leading statesmen of 
his day. 

Subsequent to these times, there arose to public prominence in 
the State of Illinois one of the most gifted and courageous men 
whose name appears in the history of Illinois, a scholar, a philoso- 
pher, a soldier, a jurist, afterwards one of the greatest Governors 
this State has ever had, John P. Altgeld. 

This great leader of public thought, this great humanitarian, 
this man of courage and conviction has placed his name high among 
the statesmen of the United States, and earned for himself the honor 
recently conferred upon him by the Legislature of this great State 
when it authorized the erection to his memory of a statue to be 
built at the State's expense. 

Meet and proper then is it that German- American people of 
this State should, at their own expense, in one of the most beautiful 
of our parks, located where it is surrounded by the homes of Ameri- 
can citizens of German descent, erect a monument to commemorate 
the genius of the greatest of German -dramatists and authors, the 
immortal creator of "Faust." 



566 DUNNE — JUDGE, MAYOR, GOVERNOR 

Meet and proper is it that the statue, idealizing and typifying 
the genins of Goethe, the Shakespeare of Germany, should be placed 
in this beautiful park. 

The German in his native land, and the German who has 
adopted as his country this free land of ours, has invariably been a 
student, a man of culture and a lover of literature. His is a race 
of students, philosophers, scientists, literati and artists. 

Not only has the German race placed the Fatherland among 
the greatest nations of the earth by his warlike prowess, and his 
splendid courage, but, by his love of literature, his love of art and 
science, and his studious, artistic and philosophical temperament, 
he has placed that same race among the vanguard of the nations in 
art, in science, in sculpture, in music, and in literature. 

I congratulate the German people of Chicago upon the fact 
that they are here today to dedicate this magnificent monument to 
the memory of the immortal Goethe, and that they soon will be 
permitted in this same park to assembly upon a like occasion to 
unveil the monument erected by a grateful State to the greatest of 
German-American Illinoisans, John P. Altgeld. 



DUNNE — JUDGE, MAYOR, GOVERNOR 567 



SAFETY FIRST AND GRADE CROSSINGS. 

Letter to Orange Judd Farmer, June 16, 1914. 

Your letter entitled "Safety First" at grade crossings, is 
timely and intelligent. 

Several months ago 1 invited the executive officers of most 
of the railroads in the State of Illinois to meet me in Springfield 
to discuss this very subject. 

I pointed out to them that, by actual experience, in touring 
the State, I discoA^ered there were numberless crossings in the 
State of Illinois that were unnecessarily dangerous, and that the 
danger could be obviated by the expenditure of a very little 
amount of money. 

First. The "hog-back" crossing where the wagon road rose 
abruptly to a railroad crossing and descended abruptly. In such 
cases an automobile engine is very frequently "killed" right 
upon the crossing by reason of the precipitous approach. This 
I pointed out could be obviated by filling up on each side of the 
railroad track to the outer edge of the right of way. They con- 
ceded this could be done. 

Second. I pointed out the danger from "oblique" crossings. 
I advised them in all cases of "oblique" crossings by co- 
operation with the highway commissioners they could divert the 
"oblique" crossing to a right-angular crossing across the track, 
and having crossed the track then again straightening the wagon 
road the other side of the crossing. They conceded that this 
could be done by cooperation with the highway commissioners 
in each county. 

Third. I pointed out that crossings became dangerous because 
of the existence of sheds, buildings or shrubbery close to the 
intersection from the railroad track to the wagon road, and that 
such obstructions could be cut down or moved a distance from 
the track. 

None of these changes, in my opinion, would have entailed 
much expense, and would obviate many of the dangerous railroad 
cros«!ins:s. To their credit, the railroad managers agreed with 
me that they would cooperate in making these changes. Some 
of the roads have sent in blue prints, marking all the dangerous 
crossings. "Within the last few days I have again taken the mat- 
ter up with the Public Utilities Commission, and urged them to 
insist upon these changes. 



568 DUNXE JUDGE, MAYOR. GOVERNOR 



ILLINOIS TROOPS AT KENESAW 
MOUNTAIN. 

At the Unveiling of the Monument at Kenesaw Mountain, 
June 27, 1914. 

Mr. Chairman and Gentlemen: 

Fifty years ago today, near the place where we now stand, 
three thousand brave men gave up their lives in one of the most 
terrible conflicts of the Civil AVar. 

We are not here today to celebrate a victory or to com- 
memorate a defeat. 

In that terrible struggle men on the one side believed they 
were fighting for the preservation of their country, and men on 
the other side believed they Avere fighting for the defense of their 
homes and firesides. 

We are not here to criticise motives nor inquire into the 
development of the political issues which led to that terrible 
conflict. 

We fire here with the deepest respect to the dead who died 
on both sides, to extend our tribute of praise and commemorate 
the bravery and fortitude displayed liy the sons of Illinois who 
engaged in that memorable conflict. 

A half century has rolled by. and with it all of the ani- 
mosity and all of the bitterness that then existed between the com- 
batants have disappeared. 

The men of the North and the men of the South, many years 
ago, laid aside all bitterness. They have become and will ever 
remain brothers and compatriots; fellow citizens of the same 
land; copatriots in the same country, actuated by the desire that 
this great Republic and its free institutions shall become per- 
petual. 

Over the yawning graves of a half century ago, the suns 
and showers of fifty years have spread a mantle of verdure and 
forcretfulness. It remains only for us to mark the snot and 
honor the bravery of the sons of Illinois who participated in the 
battle of Kenesaw Mountain. 

Be it said to the credit of both the soldiers of the North and 
the soldiers of the South that never was more desperate bravery 



DUNNE — JUDGE, MAYOR, GOVERNOR 569 

shown, ou both sides, than in the stubbornly contested battle 
where we have erected and now unveil the monument erected by 
the State of Illinois, in commemoration of the bravery of its 
sous. 

On the 27th day of June, 1864, where we now stand, by 
order of General Shermau, two determined assaults were made 
upon the entrenched lines of the Confederates, and in those ter- 
rible assaults the Federal troops lost General Harker and Gen- 
eral IMcCook. Colonel Rice and many other officers were badly 
wounded, the aggregate Federal loss being about three thousand. 

The Confederates and the Federals both displayed a tenacity 
and a bravery seldom recorded upon the pages of history. 

In that bloody contest the Illinois troops' played a most 
signal and glorious part. Among the Federal troops who wera 
actively engaged on that day in the battle of Kenesaw Mountain, 
and from that day up to July 2 were the following Illinois: 
10th, 12th, 16th, 20th, 24th, 25th, 26th, 27th, 31st, 32d, 84th, 35th, 
36th, 38th, 40th, 41st, 42d, 44th, 51st, 52d, 55th, 59th, 60th, 64th, 
73d. 74th. 75th. 78th. 79th. 80th. S4th. 8oth. 8fith, 8Sth, 89th, 90th, 
95th, 96th, 101st, 103rd, 107th, 111th, 116th, 125th, and 127th 
Regiments of Infantry ; the 16th Regiment of Cavalry, and bat- 
teries A, C, D, F, H, and I, of the First Regiment, Light Artillery, 
and Battery F of the Second Regiment, Light Arfillery. 

Would that time might permit me to record the names in 
detail of the gallant men who gave up their lives in that awful 
carnage, but the list is so long and the record so glorious that 
time forbids, and to mention one, without mentioning all, would 
be an invidious distinction. 

A grateful State here today sees fit to mark the spot where 
such heroism was displayed, and to do honor to the Illinois regi- 
ments which Avere engaged in that battle. We unveil this monu- 
ment to the memory of these brave Illinoisans in a spirit of 
admiration and respect for the courage of the other brave men 
who gave up their lives on both sides in this battle, but in par- 
ticular to commemorate, at the direction of the Legislature of 
Illinois, the gallantry and heroism of the Illinois troops. 

Let us confidently hope, aye, let us more than hope, let u.5 
confidently predict, that such another confiict shall never arise 
between the citizens of this great Republic. 

The era of war betw^een nations is coming to a close ; the 
era of war between American citizens has been closed forever. 

In the words of the poet Finch, let us recite here today his 
beautiful tribute to the dead soldiers of the North and the South : 



570 DUNNE JUDGE, MAYOR, GOVERNOK 



By the flow of the inland river, 

Whence the fleets of iron have fled, 

Where the blades of the grave-grass quiver, 
Asleep are the ranks of the dead: 

Under the sod and the dew 

Waiting the judgment day; 
Under the one, the Blue; 

Under the other, the Gray. 

No more shall the war cry sever, 

Or the winding "rivers be red; 
They banish our anger forever. 

When they laurel the graves of our dead: 

Under the sod and the dew, 

Waiting the judgment day; 
Love and tears for the Blue; 

Tears and love for the Gray. 



DUNNE JUDGE, MAYOR, GOVERNOR 571 



TRIBUTE TO JOHN A. LOGAN. 

Address at Murphysboro, Illinois, August 3, 1914. 

Mr. Chairman, Ladies \and Gentlemen : 

It is with sincere pleasure that I am here today to participate 
officially and as an individual in a movement which has for its object 
the erection in this city, of a monument or some other suitable 
memorial to commemorate the distinguished services rendered to 
the State of Illinois and the United States of America by its emi- 
nent citizen, soldier, orator and statesman, John A. Logan. 

Aside from the name of the immortal Lincoln, and, perhaps, 
the eminent patriot and statesman, Stephen A. Douglas, there are 
few, if any, names which are treasured with such sincere admira- 
tion and affection as that of the "Black Eagle" of the Civil War, 
General Logan. 

A native of Illinois, he was among the first of its citizens to 
volunteer at his country's call in the war against Mexico. Although 
a mere boy at that time, he so distinguished himself in action as to 
earn a commission as an officer. At the outbreak of the Civil War, 
by the sheer force of his native ability and inborn eloquence, lie 
had attained the distinction of being a member of the Congress of 
the United States. 

He was one of the followers at that time of Stephen A. Doug- 
las, but Avhen the flag of the Nation was spat upon by the rebel 
guns before Fort Sumter, he, like Douglas, reached the conclusion 
that all parties must rally to the defense of the Republic. 

He resigned from Congress, accepted a commission as Colonel 
of the Thirty-first Illinois, and thence rose by reason of his in- 
domitable bravery and reckless audacity on the battlefield to the 
position of Major General of the United States Army. 

From Fort Donelson to Atlanta, he was engaged in some of 
the most bitterly contested battles of the Civil War, and was in at 
the death at Johnson's surrender. 

His fellow citizens of this State were never tired of honoring 
him in civil life. He possessed a rare combination of eloquence, 
patriotism, courage and mental brilliancy which made him promi- 
nent in civil and military life. 

As Blaine declared, there were greater statesmen in the council 
chambers of the State during his day and greater generals upon the 



5/2 DUXXE JUDGE, MAYOR, GOVERNOR 

battlefield, but ''there was none among tlieni all who combined so 
much in one person — so much ability as a soldier and a statesman. ' ' 

A heroic statue in Grant Park, Chicago, well typifies in artistic 
bronze his animated valor upon the battlefield, but to the shame of 
his native place, there has not yet been erected in this vicinity any 
memorial to his greatness. 

We are here for the purpose of remedying this situation. It is 
proposed that, by voluntary contribution, a statue or other memorial 
shall be erected in the city of Murphysboro, the scene of his early 
life — a statue or other memorial worthy of his greatness in history. 

I believe that the appeal to the citizens of Illinois for the crea- 
tion of a fund to accomplish this purpose will fall upon willing ears 
and upon generous hearts. It is the duty of the citizens of Illinois, 
aye, and of the surrounding states, fittingly to commemorate the 
memory of this great citizen-soldier in the way proposed by this 
committee, and knowing, as I think •! do, the affection and love in 
which the memory of Logan is held by the citizens of Illinois, I 
predict that the objects, sought to be attained bj- this meeting and 
others to follow, will be successfully achieved before many months 
roll by. 

I cordially recommend the objects of this association to the 
citizens of Illinois and appeal to them to subscribe to its most praise- 
worthy aims and objects. 



DUNNE — JUDGE, MAYOR, GOVERNOR .573 



THE DUTY OF LABOR TO HUMANITY. 

Address on Labor Day, September 7, 1914. 

Mr. Chairman, Ladies and Gentlemen: 

In nearly every State in the Union, Labor Day has appro- 
priately been declared a legal holiday as a tribute to the dignity 
of labor. The day should be utilized by devoting it to the dis- 
cussion of affairs -which concern the social and economic welfare 
of the producing classes, not only the mechanic, the artisan and 
the laboring man, who are wisely and intelligently organized in 
great cooperative bodies known as unions, but also the farm 
laborer, the small farmer, the land tenant, the unorganized but 
intelligent enfranchised common laborer, the retail merchant, 
the doctor and the lawyer of limited practice. 

While primarily this day has been designed for the organ- 
ized masses of manual workmen, let us view it in its broadest and 
most patriotic aspect as the day when our producing classes of all 
kinds take stock of their conditions, measure their progress and 
present tc the throne of American selection, public opinion, their 
petitions for consideration of their needs. 

Our governmental system is based on the theory of majority 
rule and control. We secure the alignment of the majority upon 
any question of public policy by appeal to the fairness, the judg- 
ment, the good sense and the humanity of our fellow men. We 
progress in this country only as public sentiment becomes en- 
lightened and gives its consent. Legislative reforms are im- 
possible without the sanction of public opinion. LIow well we 
understand this is demonstrated every day in the numerous 
movements inaugurated to secure desired reforms. The first 
step is always a campaign of public education. The avenues by 
which the public is reached to carry on these campaigns, are 
always accessible in a land wdiere free speech and a free press 
are guaranteed by law. 

The great mass of the people is of a generous nature, pos- 
sesses an open mind, patriotic impulses and humane instincts. 
The public is ever ready to listen to complaint of injustice, and 
when once convinced that injustice is being done, will promptly 
right the wrong complained of. 



5/4 DUNNE JUDGE, MAYOR, GOVERNOR 

Where does public seiitimeut crystallize / To whom is the 
appeal iu all these campaigns made? Who are the rulers of 
America today/ The producing classes. The producing class 
in this Republic is the backbone of national integrity and soli' 
darily. Upon its intelligence, puritj' and patriotism have de- 
pended the life and strength of the government. From it has 
been recruited the world's armies and navies. That class, directly 
or indirectly, pays the taxes, resists the political disease of graft 
and corruption, and the social disease of aristocracy ; maintains 
the purity and virility of the race, replenishes our population and 
supplies our most progressive and aggressive citizens. From 
this class are selected our leaders in every movement, and from 
its ranks come most of our speakers, lawmakers, physicians, sur- 
geons, writers, artists and industrial geniuses. 

So today let us consider this as the holiday of all wealth- 
producing and conserving forces, and look upon it as an oppor- 
tunity for the creation and the development of wholesome, en- 
lightened, just and humane public sentiment. 

The workingmen exert a preponderating influence by reason 
of their numbers and the power of their organizations. To them, 
more than any other body of our citizenship, I believe, is due 
the credit for the present healthful public sentiment upon all 
questions affecting the social welfare of our people. In calling 
attention to your own personal wants and needs you have opened 
the public eye to many of our social abuses and injustices, to 
the remedy of Avhich not only the toiler but many other earnest 
men and women are directing their efforts and energies all over 
the land. The demand rings clear and true that all men must 
have an equal chance to participate in the opportunities, the 
work and the profits of our national development. 

We are insisting that the weak, the helpless, the sick, the 
poor, the crippled, the insane, the feeble-minded, the delinquent, 
the dependent, the widowed mother, and orphaned child, shall 
receive first, kindness and sympathy, and second, skillful and 
scientific treatment to the end that their ills may be relieved and 
the public safeguarded against the evil eft'ects of the social and 
physical diseases which have produced them. 

In all legislation affecting them, the workingman is inter- 
ested. No state has made greater progress in these matters 
than Illinois. Our State should lead. We should have the best 
system of poor relief, the best methods of employing our prison- 
ers, the most intelligent treatment of our delinquent boys and 
girls, the most modern and highly specialized and socialized 
courts, the best hospitals for the insane, the most highly devel- 
oped system of education, and the most perfect code of charitable, 



DUNNE JUDGE, MAYOR, GOVERNOR OiO 

philanthropic and correctional laws. Our institutions of every 
type and character should stand in efficiency and humanity higher 
than those of any other state. We should never have to say 
"This is the way they do in New York or Massachusetts." We 
should always be able to say, "This is our way," and other states 
should be copying from us. 

It has been my pleasure and privilege to foster and encourage 
such a sentiment. I have done all in my power as Chief Execu- 
tive to raise our eleemosynary institutions to the highest possible 
plane, and to give to the State a code of social advancement. 

The last two years in Illinois have been rich in administra- 
tion and legislation along these lines. Directly touching labor 
iiself, but none the less affecting the social order at vital point, 
are the numerous acts of our last General Assembly, many of 
which were sought by organized labor itself. I may be pardoned 
if I mention briefly a few of these laws: 

The creation of wage loan corporations, an act permitting 
the organization of corporations to make loans, secured by as- 
signment of wages, and protecting the borrower at every point. 

Wash rooms for employes in certain industries, such as coal 
mines, steel mills, factories, machine shops, where men and women 
become covered with grease, dust, grime and perspiration to such 
an extent as to endanger their health. 

Protection for chauffeurs, requiring shields or hoods to pro- 
tect them from wind, dust and inclement weather. 

Revision of the mine examining board law, the object being 
to provide more safety for persons employed in and about coal 
mines. 

Amendment to the shot firers law, which amendment defines 
a "dead hole" and materially safeguards the life and limb of 
the miner. 

The State Industrial law, making provision for compensation 
for accidents, injuries or death of employes. This act is one of 
the most important in the program. Under its provision, com- 
pensation is made for injuries not resulting in death. It provides 
the methods by which awards for damages shall be computed. 
It fixes the amount of compensation for partial disability and for 
permanent disfigurement. It creates an Industrial Board which 
shall determine all disputes between employer and employe in 
the way and manner provided by the law itself. Claims and 
awards made under this act are paramount liens on all property 
of employers. 

A most humane enactment was Senate bill 539, which pro- 
vides for the employment of convicts who have less than five 
years to serve, on road work outside the walls of the prison. 



576 DUNNE — JUDGE, MAYOR, GOVERNOR 

This system has been iiiaiigurated and has given general satis- 
faction, both to the public and to the prisoners. 

An act requiring that all explosives used in coal mines, be 
stamped to show that they conform with the standards of the 
United States Bureau of Mines. Such explosives must be stored 
in magazines approved by the State Mine Inspector. 

Amendment to iire fighting and rescue station act Avhich 
provides for the employment of two extra assistants instead of 
one on each mine rescue car. 

Amendment to the act of 1911, providing for fire fighting 
equipment in coal mines. This act requires a larger equipment 
than the original act. 

The law creating a mining investigation commission to in- 
vestigate methods and conditions of mining coal, tlie safety of 
lives and property and the conservation of coal deposits. 

Revision of the act of 1911 in relation to coal mines by pro- 
viding more frequent and tnore thorough insi)ection of mines and 
many additional safeguards for the protection of life, health 
and limb. 

An act, amending the law, providing for inspection of equip- 
ment and operation of safety appliances on railroads. This act 
provides for thorough inspection of the surface and track condi- 
tions and train yards and of the sanitary condition of passenger 
coaches and investigation of train accidents. 

Semimonthly payments of wages and salaries by persons, 
firms, corporations and municipalities. 

A law limiting members of fire departments of cities and 
villages to ten consecutive hours in a day and fourteen consecu- 
tive hours at night. 

An act requiring railroad corporations to equip all passen- 
ger locomotives with headlights of sufficient candlepower to 
enable the engineer to discern an object the size of a man on the 
track, at a distance of eight hundred feet from the headlight, 
and all freight locomotives exclusive of those in switching and 
transfer service, Avith a headlight of sufficient candlepower to en- 
able the engineer to discern an object the size of a man upon the 
track at a distance of four hundred fifty feet from the headlight. 

These do not represent all that labor asked for nor all to 
which it ma}^ be justly entitled. The rights and justice of labor 
will not prevail of their own volition. You must preach them ; 
you must push them ; you must impress them upon the public 
mind ; you must show your fellow men that they are right and 
just and convince him of your worthiness of them. 

First, last and all the time it should be your object and pur- 
pose to carry the light of reason and humanity into the dark 



DUNNE JUDGE, MAYOR, GOVERNOR 577 

places. Never forget the weak or unfortunate, nor overlook 
the rights of those masses who toil as you do but are not affiliated 
with your movement. Recognize in your strength the power not 
alone to help yourselves, but the ability to improve the social 
condition of the whole people. 

Our celebration of Labor Day this year will not be complete 
without congratulations upon the part of labor itself that as a 
nation we are at peace with the world. In war, labor receives the 
lirst shock and then continues to suffer the pain and bear the 
burden. 

President Wilson's peace policy has more than demonstrated 
its worth. It has contributed to our industrial, commercial and 
political prestige among the nations of the world. It has in- 
creased our self respect as a people. It has saved thousands of 
lives that would have been sacrificed on the battlefield and in the 
camp hospital. It has conserved our national resources for 
scores of years to come. It has protected us against entangle- 
ments with foreign nations. It has proven to neighboring 
nations and the world our good faith and disinterestedness. It 
has exalted democracy. It has brought nearer to the old Avorld 
that day when the people shall hold the power, and the nod of the 
king for the slaughter of his subjects shall be no longer obeyed. 

It has struck a fatal blow at the divine right of kings and 
the aristocracy of birth. It has strengthened our faith in the 
Christian religion. It has found its vindication in the gory 
lields of Europe, its ruined cities, its crowded hospitals and its 
desolated homes. 

It is no wonder that the London News says: "The example 
of the United States must hereafter become the model of the 
civilized world." Verily, his peace policy has been the crowning 
glory of President Wilson's administration. It has silenced 
the war party and the .jingo and I believe has united our people 
in its unanimous support and ai)proval. 

In the years to come when the full eft'ects of our policy of 
peace shall be realized and we shall view it clearly against tHe 
dark background of this period, we shall, as a nation, be proud 
of the course pursued and shall read in the faces of our fellow 
men the acknowledgment of eternal benefits conferred thereby 
upon the rest of the world. 

Among the half dozen markers scattered at centurial intervals 
along the path of the world's progress, this labor of President 
\Vilson in behalf of peace and the brotherhood of man will be 
found standing higher and nobler than all the rest. 

To it, labor is indebted to a degree that you and I cannot 
fatbom, for no man can estimate the distress and the ruin, the 

—19 



578 DUNNE — JUDGE, MAYOR, GOVERNOR 

anguish and the sorrow that trail the footsteps of war, even 
through many succeeding generations. 

Let us today, therefore, dedicate ourselves to the cause of 
peace, of humanity, brotherhood and fraternity. Let our only 
warfare be upon those evils which debase our citizenship, corrupt 
our Government, deteriorate our efficiency, rob us of our strength 
of character, dull our humane instincts and blind us to the needs 
a,nd wants of our fellow men. 

Above all, at this great epoch in our country's history, when 
we are at peace with all mankind while most of the great nations 
of Europe are at each other's throats, let us preserve industrial 
peace. We are now, fortunately for us, the greatest producing 
nation on the face of the globe. We must for months to come 
be the principal reliance of Europe For food, clothing and all the 
other necessities of life. Our wonderful productivity must and 
will be doubled, aye trebled, in the near future. A wonderful 
era of increased production is before us, which should give em- 
ployment soon for all who are willing to work. 

Let neither capital nor labor by senseless difference spoil the 
great opportunities which lie before us. Let there be neither in- 
dustrial nor physical warfare in this great bountifull.y endowed 
and fortunate Republic. If we preserve industrial peace as we 
have preserved international peace, an era of bounty and pros- 
perity lies before us such as no nation has ever before enjoyed ; 
a prosperity which must and will be shared by both employer and 
employe throughout the length and breadth of the whole Republic. 



DUNNE — JUDGE, MAYOR, GOVERNOR 579 



DESIGNATES A DAY FOR PRAYER 
FOR PEACE. 

A Proclamation for Peace Services, September 10, 1914. 

Whereas, Many of the great nations of the world are now 
engaged in a sanguinary war, which has caused and is causing 
enormoas loss of human life and property and menacing the future 
of civilization; and 

Whereas, Our own State and Nation have as adopted citizens 
liunclreds of thousands of the sons and daughters of the nations 
at war whose hearts are wrung with grief over the disasters befall- 
ing their kith and kin ; and 

Whereas, All the citizens of this State and Nation are appalled 
at the awful destruction of life and property and anxious for its 
speedy termination ; and 

Whereas, A war fever and blood lust has apparently tempo- 
rarily deranged the leaders of the warring nations, and hope for 
early peace lies only in an appeal to Almighty God ; and 

Whereas, The President of the United States has designated 
Sunday, October 4, 1914, as a day of prayer and supplication to 
Him for the restoration of peace : 

Now, therefore, I, Edward F. Dunne, C4overnor of the State 
of Illinois, do hereby designate Sunday, the 4th day of October 
next, as a day of meditation and conference on the subject of the 
world's peace, and of prayer and supplication to Almighty God 
that strife may be ended among the warring nations, and respect- 
fully request that all the people of this State assemble on that day 
in their respective churches and synagogues and other places of 
public meeting to appeal to the Almighty in His divine mercy to 
end this awful war and its attendant horrors. 

In witness whereof. I have hereunto set my hand and caused 
tlie seal of the State of Illinois to be affixed. 

Done at Springfield, Illinois, this 9th day of September, in the 
year of our Lord nineteen hundred and fourteen and of the inde- 
pendence of the United States of America the one hundred and 
thirty-ninth. 



580 DUNNE — JUDGE, MAYOR, GOVERNOR 



A PLEA FOR A UNITED DEMOCRACY. 

To THE Democratic State Convention, kSeptember 18, 1914. 

Fellow Democrats: 

I much appreciate the honor conferred in asking me to preside 
over this convention, an honor which I accept with much pleasure. 

Our primary election has been held, and our leaders in the 
coming political conflict have been selected by the untrammeled vote 
of the people. We all had our favorite candidates. We all advo- 
cated their selection, and, in advocating the selection of these can- 
didates, each of us believed that his favorite candidate would be the 
strongest before the people and should have been selected, but we 
always believed, whatever the result of the primary, that the will of 
the people, as expressed in the primary, is binding upon every voter 
that participated in this primary, and upon every voter who is 
alligned with a party which places in nomination candidates of 
that party. 

Eveiy true Democrat is permitted and has the right to express 
his convictions before the primary election is held, and to endeavor 
to influence his fellow Democrats in the selection of candidates, but 
every true Democrat is bound to acquiesce in the will of the major- 
ity, as honestly expressed at the polls. 

At no time in the history of the Democratic party is it more 
incumbent upon Democrats to be loyal to the party nominees than 
at the coming election. 

After a struggle of sixteen years, the Democratic party is now 
in the places of power in the Nation, and in the State. It has been 
redeeming the pledges that it made in its national and State plat- 
forms. It has reduced the tariff on the necessities of life. It has 
enacted an income tax law, which will compel the wealthy, for the 
first time in the history of the country, to bear their proportionate 
share of the burdens of government. 

It has placed upon the statute books a currency act which has 
met with the almost unanimous approval of the whole country, and 
which even the bankers themselves admit will relieve this country 
from the monetary distresses resultant from the financial panics 
which, in the past, have so frequently afflicted this country. 

It has introduced a new atmosphere in the diplomatic relations 
of the world. It has breathed peace, instead of war, and advocated 
arbitration, instead of bloodshed. It has given the finest exhibition 



DUNNE JUDGE, MAYOR, GOVERNOR 581 

of national restraint under provocation that the world has ever 
seen. When the flag of the Nation was flouted, and its soldiers 
imprisoned without justification by the bandit soldiers of a sister 
republic, it refrained from declaring war. Although our country 
could have crushed this sister republic like an eggshell, it contented 
itself with the demand for an apology, and the taking of such neces- 
sary steps as would enforce the same at the proper time, and thus 
presented to the world a contrast to the hot-headed belligerenc.y 
of Europe which has since embroiled most of the advanced civilized 
nations of the world in the most awful carnage that has ever dis- 
graced history. It has tendered its services as a mediator to the 
warring nations of Europe, and in the midst of the carnage 
now disgracing Europe, has brought about, through our great 
Secretary of State Bryan, the consummation of treaties between this 
great Republic and twenty-four other nations, M^hich comprise with- 
in their territory two-thirds of all the population of the world. 

Tliis is the record of a great, pure, clean, patriotic, peace- ■ 
loving Democratic administration. With such a record, the Demo- 
cratic administration at Washington has earned and now holds the 
good wishes and admiration of all thinking American citizens, and 
has assured the continuance in power of that party for years to 
come. 

We Democrats, here in Illinois, are now faced with the duty 
of sustaining that splendid administration in its splendid work. 
The only way it can be done is by standing loyally and unitedly 
behind the candidates, fairly nominated by the Democratic party 
for the Senate of the United States, and the lower House of Con- 
gress. At such a time as this, to fail to support the Democratic 
ticket would be treason to the party. 

Let us therefore pull off our coats and get to work for the suc- 
cess of this whole ticket from Roger C. Sullivan, the candidate for 
the United States Senatorship, down to the last man upon the State 
and county tickets in every county in the State of Illinois. 

Harmony should be the watchword and success will be the 
result. Let us sink our personal feelings and preferences and unite 
for the success of the Democratic party, and the administration of 
Woodrow Wilson and his great peace-loving Secretary of State, Wil- 
liam Jennings Bryan. 



582 Dl'XXE JUDGE, MAYOR. GOVERNOR 



A CALL TO PEACE. 

Address at the Auditorium, Chicago, October 4, 1914. 

Mr. Chyiirmo)!, Ladies and Gentlemen: 

At the call of the great peace-loving and peace-preserving Presi- 
dent of this great Republic, we meet today to utter our protest 
against the further continuance of the devastation of property and 
the destruction of Innnan life, entailed by the awful war now being 
waged in Europe, and to appeal to the Great Jehovali for liis i]iter- 
vention in that behalf. 

Never in the history of this country and (so far as I know) in 
the history of any country, has the executive of a nation at i)eace 
with the whole world set aside a day for prayer and supplication 
to the Almighty for the restoration of peace between • far-distant 
nations with whose policies and prosperity his country has no imme- 
diate concern. 

Yet the proclamation from the President of the United States, 
setting aside this day as a day of prayer for peace, comes most 
opportunely and appropriately from the pen of a President, who, 
through the indefatigable labors of his great peace-loving Secretary 
of State, has just concluded treaties of peace and arbitration be- 
tween this great Republic ami twenty-five other nations whose 
populations comprise two-thirds of the population of the whole 
world. It comes with most fitting grace from a President who 
within the last three months has preserved the peace of this Nation 
in spite of tlie truculency of Mexican bravos and the mock patriot- 
ism of American jingoes. 

Tlie proclamation of the President falls upon tlie sympalin'tic 
e'dVH of the overwhelming mass of American citizenship. 

Throughout the morning of this day, in all the clnirchcs and 
synagognes of this land, millions upon millions of the men, w(mien 
and childrcji of the Nation have joined the President in supplica- 
tion to the Almighty for the restoration of peace among the war- 
ring nations of Europe. 

Here in this great auditorium, furnished by the generosity of 
a peace-loving eitizen in private life, we are met (whether we are 
affiliated with any church or religious faith or not) to express our 
approbation of the President's proclamation, to record our solemn 
protest against the further continuance of this bloody war and to 
voice our demand, in the name of humanity, for its speedy cessation. 



DUNNE JUDGE, MAYOR, GOVERNOR 583 

Even the infidel, who may believe that an appeal to Jehovah is 
in vain, will admit that the protest of one hundred million disin- 
terested free men and women against the carnage and devastatiou , 
now prevailing in Europe, must have its effect upon the war- 
crazed and blood-begorged rulers and statesmen of Europe. 

An appeal for peace could come from no other nation with such 
force and eft'ect as from the American Nation. 

Most of us in this hall and throughout this country trace our 
ancestry by one or two or three generations to one or anotlier of 
the nations now unfortunately embroiled. This Nation owes much 
to each and all of them. 

The best brain and brawn of this country has sprung from the 
strains produced by these European nations now at each other's 
throats. We have a kindly feeling for all of them. 

We rise and uncover to but one national anthem, but until the 
war broke out we listened impartially and with respect and appre- 
ciation to the Watch on the Rhine, the Marseillaise and the 
national anthems of all these countries. 

Following the advice in the farewell address of the great Wash- 
ington, we have had "friendship for all" of these nations but "en- 
tangling alliances with none." 

During the progress of the two months of this awful war, we 
have been scrupulously careful to remain neutral and impartial. 

Even though hundreds of thousands of our fellow citizens 
have had their kith and kin on the red line of battle, they have 
remained Americans first and all the time and have refrained from 
discussion or altercations with other Americans of different 
strains, and so we will remain unto the end. 

But all Americans, and particularly those who have come most 
recently from these distracted countries, fervently hope and pray 
that this awful carnage shall cease. 

Statesmen of Europe, we demand that your warring nations 
who have been vaunted as the leaders of modern European civiliza- 
tion shall stop this bloody debauch, listen to the cry of one hundred 
million of human beings who are not besotted with the lust of human 
blood and who have the right, by reason of their disinterestedness 
and affiliation of ancestry with you, to say to you plainly that this 
war is a disgrace to civilization and that, by the loss of life and by 
the destruction of property, it has set back the progress and pros- 
perity of the world to such a degree that it will require decades of 
years to overcome. 

We can say further that the causes underlying this terrible 
conflict, in our opinion, were not noble or righteous. 

• Lust for power and race hatred or jealousy have been its gene- 
sis. None of you have been free from blame. You have, all of you, 
been preparing for it for nearly half a century. You have been 



584: DUNNE JUDGE, MAYOR, GOVERNOR 

dragooning your unfortunate subjects and citizens into immense 
armies and navies, and flaunting your military power and prepared- 
ness before each other's faces year after year. 

You have been forcing every third or fourth man of your popu- 
lations to become a soldier. In this Republic, not one man in two 
hundred is a soldier. You have been taxing your citizens and sub- 
jects so as to sustain these millions of nonproducing men. Nay, 
they are not nonproducers. They produce discontent and socialism 
and sometimes anarchy. 

This appalling situation should cease. This war should cease. 

The hundreds of thousands of widows and orphans already 
made, cry out to Heaven in protest against the atrocity of this war. 
The hundreds of thousands of lives already lost and the billions of 
dollars worth of property already destroyed are more than a suffi- 
cient sacrifice to the Moloch of war. 

Statesmen and rulers of Europe, sober up before the curses and 
maledictions of your own people drive you from place and power 
in infamy and disgrace. Follow the precedent of this great 
Republic. 

If this Republic, w^ith its one hundred million of souls and in 
possession of more financial resources than any country on earth, 
can live in peace and prosperity and conclude treaties of arbitration 
with both the weakest as well as the mightiest nations of the earth, 
it involves no sacrifice of either dignity or pride for you to do the 
same. 

The day of war is passirig. The day of peace is nearly here. 

This is the last great war. Its very immensity and awful con- 
sequences are the best argument for arbitrament and peace. Peace 
must eventually come by exhaustion. 

Statesmen and rulers of Europe, listen to the cry of the friendly 
American people. 

Let the war cease now with a provision for arldtrament in the 
future and the disarmament of your forces down to a number that 
may be necessary for the preservation and protection of the laws 
within the borders of your respective territories. 

Thus will you earn the gratitude and respect of your own 
peoples and the whole world, and secure in history a place above 
that of Alexander or Caesar, Hannibal or Napoleon, and all the 
warriors in ancient or modern times — that place which history still 
reserves for the men who, following the teachings of the lowly Gali- 
lean, established firmly and irrevocably in the policy and laws of 
the nations of the earth : 

"Peace on Earth, Good Will to Men." 



DUNNE — JUDGE, MAYOR, GOVERNOR 585 



EIGHTEEN MONTHS OF DEMOCRATIC 
ADMINISTRATION. 

Address to Democratic Meeting, Springfield, Missouri, 
October 6, 1914. 

Fellow Citizens: 

At the invitation of your Campaign Committee, and your 
distinguished fellow citizen. Senator Stone, it gives me great 
pleasure to be with you today, and discuss some of the important 
issues of the present campaign. 

Although my duties in my own State are somewhat onerous, 
leaving but little time to spend outside of Illinois, I believed it 
my duty, at the present time, to help, in my feeble way, the Demo- 
cratic party in your state in sending back to the Senate and the 
lower House the gentlemen who so splendidly represented you 
in the Congress of the United States and who, by reason of tlicir 
high sense of public duty and because of their loyalty to the 
Presideut of the United States, are unable themselves to be upon 
the ground to urge their reelection. 

The present Congress, I believe, has given the finest exhibi- 
tion of unswerving duty and loyalty to public interest of any 
Congress in history. Since the fourth of March, 1913, those gen- 
tlemen, botli in the Senate and in the House of Representatives, at 
the call of our great patriot President and leader of the Demo- 
cratic party, have remained in continuous session, loyally up- 
holding the hands of the President in carrying out the great re- 
forms pledged by the Democratic party during the campaign 
of 1912. 

Throughout the long, hot, trying months of midsummer, 
when the rest of us were endeavoring to take a little respite from 
the heat and prostrati'on incident to an American summer, those 
gentlemen, at the call of the President, at great personal dis- 
coTufort. and often at great risk to their health, remained at 
Washington, crystallizing Democratic pledges and Democratic 
policies in the interest of the people, into national law. 

Never w^as more loyal support given to a President by his 
party than has been the support given by your representatives. 
Senator Stone and Senator Reed in the upper House, and by your 
splendid representatives in the lower House of Congress. Today 



586 DUNNE JUDGE, MAYOR, GOVERNOR 

and duriiig the whole of this campaign those loyal friends of the 
people remain in their seats in Congress, neglecting their own 
interests of reelection for the beneiit of the people. Under such 
circumstances, and at such a time, it behooves, therefore, every 
Democrat who believes in the policies of President Wilson and 
the Democratic party, to do what he can to secure their re- 
nomination and reelection. 

The Democratic party has been enthroned in power in Wash- 
ington and throughout most of the states for the last eighteen 
months, and today that party presents a record to the people 
for its approval or disapproval. What the verdict will be, 1 
believe atlmits of no doubt. It is a record of achievement seldom 
displayed by any party in so short a period. When the Demo- 
cratic party, under President Wilson, took office on the fourth 
of March, 1913, it was confronted with the following situation : 

First. In Mexico, there were commercial and industrial dis- 
turbances, and civil war inviting international complications. 
A usurper- whose only credentials were the assassination of a dnlv 
elected president, demanded recognition as the accredited ruler 
of the nation and a Republican administration was inclined to 
give him such recognition. 

Second. There was a long standing demand, ignored by Re- 
publican administrations, for an income tax law, which demand 
was overwhelmingly reiterated at the election in 1912. 

Third. An imperative demand for reform currency legis- 
lation, long promised and never given by Republican adminis- 
trations. 

Fourth. The public demand for a consistent revision of the 
tariff downward, oft promised but never given by Republican 
administrations. 

Fifth. An uncertain and unfortunate condition of tlie law 
and administration of same in dealing with the evil practices 
of big business, and a futile effort to control the trusts and 
monopolies of the country. 

To these were added within recent months tremendous and 
unexpected problems arising out of the awful European war 
which interrupted and deranged industrial production, commerce, 
finance and ocean-transportation throughout the world. 

How have these complications been met during the eighteen 
months of the Democratic administration? Mark the result. 

First. The Mexican situation has been dealt with in a spirit 
of firmness, with justice, and without bluster. We have avoided 
war without compromising our dignity as a great Nation, con- 
served American blood and treasure, avoided national compli- 



DUNNE JUDGE, MAYOR, GOVERNOR 587 

cations and set the Mexican people well on the road to a new 
era of peace and constitutionally organized government. 

Second. An equitable income tax law has for the first time 
been placed on the statute books, and is being impartially en- 
forced, thus securing from the wealth}^ and powerful, for the 
first time in American history, reasonable and proportionate con- 
tributions to the burdens of government. 

Third. A currency law that meets with practically universal 
approval, enacted and now in process of being put into effect, 
cordially assented to by the bankers and the whole community. 

Fourth. Antitrust laws are being enforced with a single eye 
to ending bad practices, not merely for the sham-battle purpose 
of "making a record," and new legislation enacted to correct 
obscurities and inconsistencies in the old antitrust laws. 

Fifth. Dollar diplomacy in the State Department has been 
abolished by our great Secretary of State, and the doctrine of 
human rights substituted therefor. 

Sixth. We have revised the tariff downward, on the necessi- 
ties of life, pursuant to our campaign pledge of 1912. 

Seventh. The dangerous and insidious lobby which has 
haunted the halls of Congress for decades past has been driven 
out of the Capitol. 

Eighth. The Panama Canal has been completed and opened 
to the commerce of the world. 

Ninth. By law, the great national treasure house of Alaska 
is being opened up and nationally-owned railroads authorized and 
a survey therc^for begun. 

Tenth. Popular election of United States Senators has been 
made effective. 

Eleventh. Two great railway strikes have been averted by 
arbitration, and the coal strike settled. 

Twelftli. The telephone and telegraph trusts have been dis- 
solved- 

Thirteenth. The parcel post has been extended and made 
cheaper to the people. 

Fourteenth. Express rates and charges have been reduced as 
the residt of national competition. 

Fifteenth. More remedial labor legislation has been enacted 
upon request of laboring men than was ever enacted by all pre- 
vious Republican administrations. 

Sixteenth. The problems and situations, suddenly arising from 
the European Avar, have been met firmly, promptly and patriotic 
ally. The country has been preserved from a financial crisi.«i. 
War insurance for American cargoes has been provided, and lejris 



588 DUXNE JUDGE, MAYOR, GOVERNOR 

lation has becu enacted that will help to re-create the American 
mei'chant marine and again place the American flag upon the 
high seas of the Avorld. 

Thanks to the prompt and intelligent action of a great 
peace-loving President and his peace-loving Secretary oi State, 
Aye remain at peace with all the world. 

We have laid the foundation for bringing about peace be- 
tween the warring nations and have successfully consummated 
as a standing moiiument to the construction genius of the Demo- 
cratic party, twenty-five treaties of peace and arbitration l)etween 
this Republic and twenty-five other nations, comprising within 
their boundaries over two-thirds of the population of the globe. 

This is the record of eighteen months of a Democratic ad- 
ministration. AVhere in the history of American Presidents can 
we find so extraordinary a record in so short a time? 

In addition to these accomplishments, the President and Dem- 
ocratic Congress are now engaged seriously, studiously and con- 
servatively in amending the antitrust legislation of the Nation 
in such a way as to protect legitimate industries against the 
curse of monopoly. 

Upon this record, the Democratic party stands and asks the 
approval of the people of the United States. Upon this i-ecord 
Senator Stone presents himself for reelection, and the Demo- 
cratic Congressmen of this State unselfishly remain with liim at 
Washington, leaving the verdict to your just and impartial con- 
sideration. 

A vote for Senator Stone and your Democratic candidate 
for Congress is a vote of endorsement of the President. A vote 
against Senator Stone and against your Democratic candidate 
for Congress is a repudiation of this splendid record of the 
Democratic party. 

Two years ago you placed in power in the State and in the 
Nation President Wilson and your Democratic representatives 
in Congress. During eighteen months of constant sesvsion they 
have i)laced before you this record. Can there be any doubt in 
the mind of any clear-minded citizen, no matter to what party 
he may belong, as to what should be the verdict of the people? 

Do you favor revision of the tariff downward? If so, the 
Democrats have revised it downward. Already in wholesale 
prices the effect of that tariff is being felt, and long before the 
next Presidential election, retail prices wall demonstrate the 
efficiency and wisdom of that revision downward. 

Do you favor the imposition of an income tax? Nearly 
every civilized country on earth has such a tax. and yet the Re 
publican party for sixteen years had prevented the enactment 



DUNNE — JUDGE, MAYOR, GOVERNOR 589 

oJ' this wise aud just law. If you favor an income tax, the Demo- 
cratic party, for the tirst time in American history, has placed 
^ it effectively upon the statute books. The income tax law is a 
law which compels the rich to pay their fair share of the bur- 
dens of running the Government. Why should they not? 

Do you favor legislation which will abolish financial panics? 
If so, the Democratic party has given it to you. For one-half 
century under Republican rule, we have been periodically visited 
with financial crashes as the result of an unwise and unskilful 
condition of the currency laws, under which the bankers of Wall 
Street concentrated all the wealth of the country in the hands 
of a few\ The new currency law enacted by the Democratic 
party is admitted by the bankers themselves to be so wise and 
comprehensive in character as to prevent the concentration of 
this Avealth in the future as it has been in the past, and permits 
the bankers of the country to obtain relief in case of stringency 
by pledging their assets in the hands of the general Government. 

During Republican administrations the great financial 
powers were in the habit of making loans to the smaller nations 
and in forcing the collection of these loans by Federal gunboats. 
This utilization of governmental power as a debt collecting 
agency has stopped. Human rights instead of dollars are now 
the interests protected by our Department of State. 

For decades past, under Republican rule, that party and its 
representatives have been coerced and intimidated by the great 
interests into passing laws favoring gigantic corporations and 
combines. For that purpose these great interests during Repub- 
lican rule have maintained i)ermanently in the Capitol a danger- 
ous and insidious lobby, which has exerted tremendous and 
malign power upon the lawmaking machinery of the Republic. 
That lobby the Democratic party has driven from the Capitol, 
and exposed to the sunlight of investigation. The third house 
has been abolished, and, I trust, forever. 

Under Republican rule, it was the policy to permit the nat- 
ural resources of newly developed territories to be given away 
and monopolized by the great interests or to tie them up so as 
to place them beyond the reach of ordinary settlers. The Demo- 
cratic party has compelled a change in this procedure, particu- 
larly in reference to the tremendous riches lately discovered in 
Alaska. It has, moreover, authorized the building of the first 
nationally owned railroad to develop and lay bare those great 
riches for ^he common use and benefit of all prospectors and 
settlers, and today American engineers are penetrating into the 
interior of Alaska laying out the line of that great railroad. 



590 DUNNE — JUDGE, MAYOR, GOVERNOR 

Under Democratic rule, we have made effective the popular 
vote for United States Senator. The last senatorial deadlock 
took place in the State of Illinois. The people have been given 
the right to vote directly for their Senators and no more will we 
hear of the scandalous intrigues which have heretofore frequently 
■disgraced the different states in the election of United States 
Senators. 

But above all the things aecomplished by the Democratic party 
has been the preservation of peace between this country and all 
other nations. 

When the Republican party went out of power there was a very 
difficult and delicate situation existing between this Republic and 
the empire of Japan, which it was feared for a time might develop 
into warfare between the nations. Our great Secretary of State has 
so conducted the diplomacy of this government in dealing with 
Japan that all danger of war has now been averted and good will 
and harmony exist between the two countries. 

In Mexico, internal war was raging and private property inter- 
ests of great magnitude were demanding the recognition of a 
usurper and assassin to the furtherance of their own selfish inter- 
ests. To the credit of this country. President Wilson took the stand 
that no government which had been erected upon the ruins of con- 
stitutional government l)y the weapons of assassins should receive 
recognition as a de facto government, and when uniformed Mexican 
braves imprisoned our marines witliout justification and floutei^ our 
flag, he refused to be forced into a declaration of war with a sister 
republic, even though that sister republic could have been crushed 
like an eggshell by our armed forces. 

Wisely and prndently he avoided war. He seized a maritime 
port of Mexico and held it until time could be given to that dis- 
tracted republic to compose its affairs, and then apologize for the 
injury done. To seize this port in the assertion of dignity of the 
American flag and to hold it until a proper amend could be made 
has averted a great war. and has cost the United States but 
$7,000,000. 

Contrast this, my friends, with the spectacle of events now 
presented to us in Europe. Day after day the unfortunate nations 
now engaged in this insane war are spending $50,000,000 a day, 
and at least 500,000 corpses are now buried in trenches upon the 
battlefields as a tribute to the Moloch of war. Half a million of 
widows and orphans are being deprived of their means of support, 
and the end is not vet. 

Thank God, during tbe last six months we have had a man in 
the Wliite House who was a diseiple of the Prince of Peace. 



DUNNE — JUDGE, MAYOR, GOVERNOR 591 

My fellow citizens, consider these facts. Take them home with 
you. Appeal to your own conscience, and ask yourselves, if such a 
glorious record made by a Democratic President and a Democratic 
party should not receive the commendation and support, not only 
of Democrats, but of all fair-minded citizens. If you think it does, 
and I know you will, you will see to it that that splendid record is 
sustained, by going- to the polls next month and return to the Senate 
your splendid representative in the Senate w^io for years has been 
one of the leaders of the Democratic party in that great chamber, 
William J. Stone, the great Missourian and the great American, 
and by casting your votes also for each and all of the Democratic 
nominees for Congress, who are pledged to support the policies of 
President Wilson. 



592 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE PROPOSED EIGHT-FOOT 
WATERWAY. 

Address to Delegates, Chicago, October 10, 1914. 

The following were present: J. J. Armstrong, H. C. Barlow, 
John J. Commons, Col. E. S. Conway, Lyman E. Cooley, Hon. 
Edward V. Dunne, Henry P. Dwyer, John Ericson, H. C. Gardner, 
John M. Glenn, William H. Harper, Thomas J. Healy, W. H. John- 
son, C. W. Judd, Col. William V. Judson, E. J. Kelly, F. R. McMul- 
lin, Elmer Martin, T. Edward AVilder, H. V. Miller, Sterling 
Morton, Edmund H. Roche, Walter A. Shaw, L. K. Sherman, John 
C. Spry, A. C. Sullivan, George A. Tripp, J. J. Wait, all of Chicago ; 
Captain G. P. Blow, N. W. Duncan, W. A. Panneck, R. W. 
Thompson, H. S. Hazen, Fritz Worm, Thomas F. Noon, all of 
La Salle; R. F. Burt, Lockport; Arthur Charles, Carmi ; Sherman 
L. Marshall, Ipava ; Edward S. Morhan, Sheridan ; Arthur C. Leach, 
Joliet; E. J. Barklow, Joliet; Cal. D. 'Callahan, Joliet; Henry B. 
Morgan, Fred H. Smith, Walter B. AVilde, Richard H. Johnson, of 
Peoria. 



Gentlemen and Felloir Citizens: 

It is with much pleasure that I am here today in response 
to the very kind invitation of the Association of Commerce to 
meet, not only some of the most prominent members of the water- 
ways committee of that very influential organization, but to meet 
other representative citizens of the city of Chicago and the State 
of Illinois and the public officials having to do with the water- 
ways of the State. 

When the committee who invited me suggested liiat the 
subject they would like to have under discussion would be the 
creation of a waterway between the city of Chicago and the Mis- 
sissippi River, they also were kind enough to suggest that, if there 
were any other public officials in the State that were concerned 
with these very important and pregnant problems, they would 
like to have them present. And, it gives me much pleasure to 
see around this board not only the very representative citizens 
connected with the Association of Commerce and other prom- 
inent citizens of this city, but also all the engineering members 
of the Rivers and Lakes Commission; in fact, all the members — 



DUNXE — JUDGE, MAYOR, GOVERNOR 593 

1 see Mr. Healy here and Mr. Charles, — all members of the 
Rivers and Lakes Commission, and all the commissioners from the 
Illinois and Michigan canal board. The president of the Sani- 
tary district, I believe, was invited. I do not see him present, 
but I see him represented both by Mr. Cooley, the consulting 
engineer of that great corporation, and Edward J. Kelly, the 
assistant or acting engineer of the Sanitary district. 

We are all intensely interested, my friends, in making prac- 
ticable and utilizing for commerce the cut across the watershed 
first discovered by a white man in the person of Father Marquette. 
Years and years ago, in the early history of this State, the value 
of that great waterway across that Avatershed became apparent 
to the Congress of the United States and to the people of the 
State of Illinois, and the Congress of the United States ceded 
lands of enormous value now, according to their present valua- 
tion, to the State of Illinois, upon the distinct understand- 
.ing that the State of Illinois would create a navigable waterway 
from Lake ^Michigan leading to the Mississippi. Pursuant to that 
understanding the old Illinois and Michigan canal was con 
structed. It Avas constructed by engineers, capable in their day 
and was well constructed, considering the state of engineering- 
science at that time. But the world has moved and moved most 
wonderfully in every profession^ — except the profession of 
law (laughter). It has moved wonderfully in the surgical 
science, in engineering science, in the science of war, — I wish to 
God it had not (applause). — and it has moved very rapidly in 
engineering science, and things that were absolutely impossible 
of achievement forty or fifty and seventy-five years ago in the 
engineering world, are mere child's play today, as these engineers 
will tell you. 

We have all discovered in recent years that the waterway, 
built by the State of Illinois under its contract with the Govern- 
ment in exchange for. these valuable lands, has become an obsolete 
and inadequate waterway. I got a very bad impression of the value 
of that waterway while I was a private citizen and until I was 
elected Governor, and retained that impression for months after I 
was Governor. When riding on the Chicago & Alton train from 
Chicago to Joliet, I looked into the canal from the railroad 
cars I thought no language was more appropriate than that applied 
by Senator Sherman to it when he called it a "tadpole ditch," 
because between Joliet and Chicago, it is a tadpole ditch. When I 
got into office, my friends, I found a report from the old Illinois 
Canal Commission recommending a rehabilitation of that canal. In 
print it was a very able argument and it would have struck me with 



594 DUNNE — JUDGE, MAYOR, GOVERNOR 

a great deal of force, were it not for the fact that 1 knew the condi- 
tion of the canal from Joliet to Chicago. 

I said, "Where is the use? Look at it! We can't rehabili- 
tate that thing and it is idle to think of it in view of the fact that 
the Sanitary district has got a splendid waterway right along- 
side of it." But 1 did not know anything of the condition of the 
canal from Joliet to La Salle. 

Finally the Illinois and Michigan Canal Commission and 
Mr. J^urt, their superintendent, became very insistent that I ought 
to acquaint myself with the condition of the canal below Joliet, 
and about sixty days ago, I think it was, I accepted the invitation 
of these gentlemen and went down that canal from Joliet to 
La Salle. 1 suggested that they invite a few engineers along 
who would go on the waterAvay wuth me and who might be able to 
explain the things to my mind from an engineering standpoint 
that I could not understand. They were kind enough to invite 
Mr. Cooley, whose eminence as an engineer and whose learning 
and ability no one can contest, Mr. Kelly of the Sanitary district, 
Mr. Sherman of the Rivers and Lakes Commission, and Mr. Shaw, 
who was formerly on the commission and is now a member of the 
Public Utilities Commission. 

I went down that canal in order to know what I was talking 
about when I did talk to the Legislature and to my fellow citi- 
zens; and I must say to you, my friends, my eyes were opened. 

I had thought we had a tadpole ditch the whole way down 
until I went on that trip. I discovered to ray surprise that Ave 
had a waterway that ought not to be closed up. During 
my trip dow^n that river I suggested to these engineers that the 
improvement of the waterway from Chicago to the gulf had been 
delaj-ed snd hindered by differences of opinion as to th<^ depth 
of the waterway: "While the people w'ere generous enough to 
consent to the constitutional amendment under which you can 
appropriate twenty million dollars for the improvement, it would 
appear that you engineers have not been able to agree upon some 
sort of a program to present to the people." And I happened 
to say to these gentlemen: "Is it not true that the Federal en- 
gineers who have been preparing plans and giving study to the 
waterw.ay and to the Mississippi, have reported within the last 
twelve-month that the w^aterway from St. Louis to Cairo and 
from Cairo to New Orleans is impracticable at a greater depth 
than eight feet? If that be true at the present time, in the pres- 
ent condition of engineering science, is it necessary to discuss a 
fourteen or twenty-four foot depth of the Illinois River when 
commerce is waiting in Chicago and all along the banks of that 



DUNNE — JUDGE, MAYOR, GOVERNOR 595 

canal, waiting to transfer property day after day? An enormous 
amount, they say, can be carried on an eight-foot channel." 
"Can't some plan," I said, turning to Mr. Cooley and these other 
engineers, "can't some plan be devised under which we can 
get that eight-foot channel from Chicago to St.' Louis and 
from Chicago to Davenport through the Hennepin canal, which 
connects w'ith the Mississippi, that will not militate against these 
other depths, and would it not be wise to adopt some scheme, 
at not unreasonable expense, to give us an eight-foot waterway 
temporarily, if that does not conflict ultimately with the other 
fourteen or fifteen or twenty-four foot depths?" 

Mr. Cooley and these other engineers happened to drop a 
remark tJiat it was possible by building a dam at Starved Rock 
across the Illinois River and dredging that river northwards and 
utilizing some of this canal, that it was possible to get an eight- 
foot channel from Ch,icago down to LaSalle w^ithout antagonizing 
or foreclosing any of the other depths on this river. I then 
asked these gentlemen if they would not be kind enough to make, 
as engineers, a study of the problem and report to me in thirty 
days. 1 am pleased to say that all of these gentlemen, without 
pay or recompense, as far as I know (l)ecause we have said noth- 
ing about it) have given me their valuable time and intelligence, 
and it gi\es me more than great pleasure to report that these 
gentlemen, some of whom are devoted to a deeper waterway, and 
some to another kind of waterway, have submitted to me three 
schemes imder which, in a very short time and at very low ex- 
pense, the city of Chicago will be able to transport merchandise 
from that city to LaSalle, and the east wall be able to transport 
traflie through the Sanitary district canal dowai to Tiockport or 
Joliet, and thence, utilizing nineteen miles of the old canal, 
which will have to be dredged to the depth of eight feet, and 
about forty-five miles of the Illinois River to LaSalle, by the 
Illinois and Mississippi to New Orleans. 

These men reported to me, in other words, that in a very 
In-ief time, and at the expense of only three million and 
seventy-five thousand dollars, the citizens of Chicago and 
the citizens of Buffalo and Toledo, Cleveland, Detroit, Duluth, 
the citizens of all these cities can transport in steam barges to the 
IMississippi at Da^enport, through the Hennepin, and also to St. 
Louis, through the Illinois, merchandise that is waiting for the 
opening of that canal, and at a cost of only about three million 
dollars: and that the proposition as recommended by them in the 
third project wall not in any way militate against any of those 
other different programs for the depth of tlie Illinois south of 
LaSalle. 



596 DUNNE JUDGE, MAYOR, GOVERNOR 

1 am Jiore, my Iriends, to get light on this problem. 1 will 
be frank enough to say to you that, while I am not committed to 
any plan at the present time, this scheme impresses me as the 
most practical, reasonable, and sensible program that has been 
devised during all this talk of a waterway that has been going 
on in tlie city of Chicago and the State of Illinois for the last 
twenty years. I know that at this table there are many business 
men that have business heads on them ; I know there are many 
engineers who have experience and knowledge. I am here simply 
as the Executive of this State to say that I want earnest co- 
operatioji with some sort of scheme with the citizens of this com- 
munity that will enable freight to be carried from the lakes and 
through the port of Chicago down to St. Louis, Cairo and New 
Orleans ; and if freight to the enormous amount the merchants of 
this city tell me is waiting to be transported can be transported 
upon an eight-foot channel — and it lies waiting for us — and that 
project recommended by these gentlemen will give us an eight- 
foot channel to the gulf — then this scheme should be endorsed 
and adopted. 

If this scheme gives that great artery of Avater transportation 
without militating against any of these other engineering pro- 
jects of fourteen or twenty-four foot depth, it is an act of wisdom 
on the i)art of this community and you business men. in view of 
the fact that it will only cost three million and seventy-five thou- 
sand dollars, to get to work on it. 

That is the impression that is made on me by this report. I 
think it was a fortunate circumstance that, when we went down 
the canal I had the benefit of all the information given me by 
these engineers and to have gotten them together on the matter 
of making this report. I Avant that report to be studied by such 
men as the Colonel (Colonel Judson) on my right, who is a Fed- 
eral engineer, to let me know if there is anything that can be 
logically or scientifically urged against the adoption of that re- 
port. If it is feasible, we knoAv it is economical. We know there 
has been a repeated and continuous demand from the merchants 
of this city for a navigable waterway down the canal. 

I see Mr. Duncan of LaSalle here. Down there they tell me 
there is an enormous amount of transportation waiting for that 
waterway, and I was informed, to my great surprise, that water- 
ways are not only cheaper — everyone knows that — but they are 
more expeditious than rail transportation. 

That is a thing that amazed me. If we get a waterway that 
is capable of floating barges of about eight-foot draft, they tell me 
that such transportation will be cheaper and more rapid than 
bv rail. 



DUNNE JUDGE, MAYOR, GOVERNOR 597 

That is the situation, my friends, that we are here to discuss. 
That is a condition that the people of Chicago and the public 
officials and myself want light upon. I will say to you this, I 
have not gone plougliing around with any of the newspapers to 
get them to commend or approve this problem. I have not seen 
any of them to urge its adoption. I find voluntaiy support. The 
Tribune has spoken very favorably of it — and very seldom they 
speak favorably of anything I am interested in. (Laughter.) 
I find the Journal favorable also, although it has been a little 
more friendly politically. I find the Examiner today had an 
article commending it. 

In addition to all this, let me say before I close, that I am 
advised by merchants of reputable standing in this community, by 
manufacturers and men who expect to use that waterway, that if 
the waterway is constructed — and they have been advocating the 
rehabilitation of the old canal, not this program, which is wholly 
different — they say even if the old canal was rehabilitated that the 
amount of the tonnage rates paid for freight, which I believe is 
much less than what is paid to the railroads — would pay the interest 
upon that investment to the State of Illinois. These gentlemen who 
have these views are here, and we probably would be glad to hear 
from them. 

This project, I understand, first contemplates the erection of 
a dam at Starved Rock, which would constitute the major part of 
the cost of the whole projec't. Thence north for forty-five miles, it 
utilizes the natural waterway of the Illinois river with the exception 
of about a mile and a half at Marseilles, where there is a private 
waterway which we don 't care to interfere with at the present time. 
Then when it strikes Dresden Heights, it debouches into the old 
canal, and for about 19 miles into Joliet utilizes the old canal. 

The plan contemplates the dredging of the waterway to the 
depth of eight feet. It does not interfere with any of those other 
projects for a fourteen or twenty-four foot waterway, down from 
Chicago to southern Illinois. That is my understanding, gentle- 
men. I am pleased to be here, and I am interested to find out 
whether the plan is what it appears to be and whether it receives 
the approval of the level-headed merchants of the city of Chicago. 

I shall be very brief, Mr. Toastmaster. I would not 
want to leave this meeting without voicing my appre- 
ciation of the statements made by Mr. Morton with reference to the 
control of the terminals. I think the very first thing we ought to 
do — all the cities along the Illinois River and the Des Plaines 
River — the very first thing that ought to be done, if we are going 
to get this thing through, is for each of these cities, through their 
public-spirited citizens and common councils, to acquire property 



598 DUXNE — JUDGE, MAYOR, GOVERNOR 

that should be publicly owned or publicly controlled by the munic- 
ipalities, to be dedicated to the use of teraiinals on the water 
front. Once that property is acquired, then the next thing to be 
done is for j'ou to design a uniform kind of terminal consistent 
with the depth of the water. But the terminal land should be ac- 
({uired now if we go forward with this- movement to deepen the 
canal between Chicago and through Utica to Davenport and to 
St. Louis at once. Every shrewd real estate investor along this 
river is going to acquire these water fronts if he can, and you 
are going to be fooled, if you acquire it by condemning it at its 
enhanced value. 

Chicago has led the way; we are going to have a great public 
port which we are now building in the city of Chicago. It is up to 
Peoria, Peru, LaSalle, and every one of these cities to acquire ter- 
minals, publicly owiied and controlled, where everybody will be 
permitted to land his barge or boat at the public docks and be 
treated exactly alike, so there will be no preferences between men, 
as to the treatment they receive at these terminals. 

I want to say that this has been made easy for you by the 
enactment by the Legislature of the law, giving the cities of this 
State the right to acquire any utility they see fit. I am pleased to 
say that in the last Legislature upon my recommendation there 
was passed a bill under which every city of the State can acquire 
by purchase or condemnation every sort of a public utility, includ- 
ing bridges and warehouses and landings and such things. They 
can be acquired throughout the whole State. (Applause.) 

Another thing; tlie consensus of opinion, as displayed by the 
advocates of the deep waterway, in the persons of Mr. Cooley and 
my friend from Peoria, and the attitude displayed toward this 
scheme by the advocates of the shallow waterway, like Mr. Morton, 
makes it apparent that at last we have got together upon a feasible 
project for the State of Illinois for the opening of a waterway. I 
am pleased to hear that we have a million dollars for the develop- 
ment of the lower rivers in the hands of the Government, and 
]>leased to hear from Colonel Judson that there will be little diffi- 
ciilly in acquiring that money for the opening of the canal. 

I think the time has arrived when we all ought to push forward 
this project as advocated under Number 3 ; and particularly at this 
time when there are so many men in the State of Illinois who need 
employment. How can they be better employed than upon a project 
like this, which belongs to all the citizens of the State. 

One more thing, and then I am through. I want to call atten- 
tion to the fact that the present Congress has sat down effectually 
upon the appropriation for waterways. I do not think that is spas- 
modic. I think that is likely to be the policy of Congress in the 



DUNNE JUDGE, MAYOR, GOVERNOR 599 

future, because of the many urireasonal)le and unutilitarian schemes 
that have been brought forward in the country by hundreds of little 
places for the wanton waste of money. If we can go to Congress 
with this project and show Congress that this is iu line with the 
things already recommended by their engineers, as Colonel Judson 
pointed out, we won't be put in the position of_ having a pork 
barrel proposition, but a fine utilitarian project. 

If the people are behind this, as they seem to be today, I think 
this project v/ill be put through inside of two years, and we will 
have a practical waterway from Lake Michigan to the Mississippi 
river. 

One thing more. The suggestion has been made by INIr. Gard- 
ner and Mr. Wilder that there is a very important conference of 
the National Rivers and Harbors Congress in Washington, and I 
will be very much pleased to adopt the suggestions made by Mr. 
Wilder, and appoint the gentlemen who have displayed their inter- 
est in the matter by attendance here, as delegates to the convention. 
As he said, the State has made no appropriation and you will be 
rewarded by the zeal with which you devote yourselves to the inter- 
ests of the people. (Applause.) 



600 DUXXE — JUDGE, MAYOR, GOVERNOR 



THE IDEALS OF A NOTED IRISH 
PATRIOT. 

At the Unveiling of the Finerty Monument, Chicago. 
October 11, 1914. 

Mr. Chairman, Ladies and Gentlemen: 

It is with much pleasure that I participate with you today in 
the unveiling of a monument erected to the memory of one of the 
most prominent citizens of the city of Chicago, who, during his 
life, by his signal services rendered as a journalist, editor, orator 
and statesman, endeared himself to a very wide circle of acquaint- 
ances in this city, and throughout the Northwest. 

Seldom does it happen to a man, so soon after his death, to 
have a monument erected to him by the volunteer contributions of 
liis fellow men. The fact that within a few short years after his 
death this monument is ere(;ted by volunteer subscription attests 
the affection in which he was held by many thousands of our 
citizens. 

It was my pleasure to have known him personally during his 
lifetime, and I can speak from personal contact with him of his 
many remarkable virtues and attributes. For forty years and over 
he was identified with the social, commercial and political life of 
this city. 

Possessed of a magnificent physi(|U('. and a charming person- 
ality, he was also endowed by his maker with conversational and 
oratorical gifts which seldom fall to man. With such attributes he 
readily found his way into the hearts and affections of his fel- 
low men. 

John F. Finerty was born in Galway, Ireland. His father was 
the owner and propi-ietor of the principal paper of that city, which 
accounts for his predilection for journalism in his after years. In 
his youth he witnessed with much bitterness the destitution and 
mi.sery afflicting his fellow countrymen as the result of atrocious 
misgovemment. 

Before reaching manhood the first thing he did was to cry out 
in protest against the things he saw around him. A born orator, 
he easily aroused his fellow men to resist the continuance of such 
conditions. So effective aiul vigorous were his speeches that a 
warrant was issued for his arrest, charging him with the dissemina- 



DUNNE — JUDGE, MAYOR, GOVERNOR 601 

tion of treason. To escape imprisonment because of these utter- 
ances he was compelled to leave his native land while yet under 
age, and to come to this country. 

Promptly upon landing, he volunteered in the Union Army, 
and served creditably for a brief period until the close of the war. 
In the latter end of the sixties he located permanently in Chicago. 
Almost immediately he became permanently identified with the 
Cliicago press, first on the editorial staft' of the old Republican, 
which was the precursor of the Inter Ocean, and afterwards upon 
the Tribune. He served as special war correspondent for the Trib- 
une and as such reported four of the western Indian wars, including 
the campaign against Sitting Bull in 1876. 

During those campaigns he endured all of the hardships, and 
trials, and risked all the dangers of the ordinary trooper, and nar- 
rowly escaped massacre in the Big Horn campaign. Afterwards, as 
the correspondent of this paper, he traveled much in Mexico re- 
porting the border troubles. In 1882 he founded and became 
editor of the Chicago Citizen, a weekly which has existed, and has 
been published in Chicago from that time down to the present 
date. 

In 1883, he was elected to Congress and served most creditably 
in the lower House. He advocated an increased Navy and more 
powerful fortifications for America in a powerful speech which has 
been long remembered throughout the country. An account of his 
experiences in his Indian campaigns is contained in his "Warpath 
and Bivouac," a work written in the choicest diction and full of 
fire and action. 

'He also was the author of "A People's History of Ireland." 

Throughout his life he never forgot. to sympathize with and 
champion the cause of the land of his birth. The impressions which 
misgovernment and misrule in his native land had made upon him 
in his youth seemed to have burned into his very being. He never 
ceased to advocate and strive for the independence of his native 
land. He at one time organized the great popular organization 
known as the Irish Land League of America, which raised and 
forwarded over one-half million dollars to the Parliamentary party 
in Ireland. 

He was a member of the Grand Army of the Republic, and of 
the American Irish Historical Society, and was seven times elected 
president of the United Irish Societies of Chicago. 

He possessed that rare combination, so seldom found in one 
person, eloquence of speech upon the platform, and facility of 
expression by pen in the library or editorial sanctum. Few men in 
Chicago in our day possessed his marvelous eloquence. I can recall, 
while still a young man, being more deeply moved by his tremendous 



602 DUNXE; — JUDGE, MAYOR, GOVERNOR 

power of pul)lic iittoranee tiuui by any man in his day. Patriot, 
l)oet, orator, author and journalist, he was a rare combination 
among men. 

Like most men of liighly emotional temperament, he lacked 
commercial sagacity and shrewdness. This lack of commercial 
shrewdness, together with his open-handed generosity, prevented 
his amassing even a moderate competence. He left behind him 
little of this world's goods, but did leave behind him what is far 
more to be envied, the reputation of being a man of exalted ideals 
and lofty principle. 

The respect and affection of hundreds of thousands of men was 
the only heritage he left, and was the thing that he valued in life 
more than all the riches of Golconda. 

It is fitting and proper that the citizens of Chicago, with whom 
he lived so long and honorably, should now. that he has passed 
away, do honor to his fragrant memory and splendid life. This 
they now do by unveiling this splendid work of art in one of tlie 
parks of this great cit}'. 



DUXNE- — JUDGE, MAYOR, GOVERNOR 603 



WATERWAY TRANSPORTATION NEAR. 

Statement to the Public, October 14, 1914. 

I believe the time is rapidly approaching when waterway 
transportation, as supplemental to and not antagonistic toward 
I'ailway transportation, is soon to be thoroughly developed in the 
State of Illinois and surrounding states. 

Public sentiment is rapidly crystallizing in favor of a speedy 
construction of an eight-foot channel in the Illinois River between 
Joliet and LaSalle, thus giving through waterway transportation 
with a depth of eight feet from Chicago to St. Louis, and from 
Chicago. to Davenport, Iowa, via the Hennepin canal; such a proj- 
ect not being, however, in any way inconsistent with the further 
deveU)pment of the river to a further depth. In view of this fact 
and before any legislation is recommended or carried through 
the Legislature having this object in view, it is most important 
that all cities intending to avail themselves of water transporta- 
tion should immediately proceed to acquire title to the land 
necessary for the establishment and maintenance of terminals and 
wharves. 

if these cities wait until after the Legislature legislates upon 
the matter, they will be faced with an increase in valuation of the 
lands necessary to be acquired for that purpose resulting from 
the passage of such a law. If they proceed at once to acquire 
hy i^urchase or condemnation such property, it can be procured 
at a cheaper valuation. 

All sach cities and municipalities, in my judgment, ought to 
proceed to cooperate for 'the purpose of establishing a uniform 
character of terminals that would be suited to the boats which 
would be engaged in such water transportation. 



604 DUNNE JUDGE, MAYOR, GOVERNOR 



GOOD ROADS IN ILLINOIS. 

Address to Association of Commerce, Chicago, October 21, 1914. 
Mr. Chairman and Gentlemen: 

It is a pleasure lor me to be here today and say a few words 
upon the subject of "Good Roads." 

The question of good roads touches vitally the agricultural, 
commercial, educational, social, religious and economic welfare 
of Illinois, and involves the conservation of natural resources. 

In the improvement of good roads, Illinois has until recently 
been indeed backward. Reports of the Federal Department of 
Agriculture up to 1913 shoAv that about 10 per cent of the 95,000 
miles of Illinois road are improved in a permanent manner, as 
against 35 per cent in the neighboring state of Indiana, 20 per 
^ent in Kentucky, 28 per cent in Ohio, and 50 per cent in Mas- 
sachusetts. 

The loss to farmers, because of inaccessible primary markets, 
and the abnormal expense of transportation, due to bad roads, 
must be considered as a contributing cause of the high cost of 
living. In some Illinois counties, highways are impassable to 
ordinary loads for a full third part of the year. Bad roads not 
only hinder crop production and marketing, but Wiay keep the 
rural consumer away from the store of the merchant for weeks 
at a time. They keep pupils from the schools, and voters from 
political gatherings, and from participation in elections. They 
impair the efficiency of churches, and social, fraternal and other 
organizations. Avhich depend largely on public gatherings for the 
efficacy of their work. 

Moreover, bad roads contribute to the unattractiveness, the 
isolation and the monotony of country life that are responsible 
For the desertion of rural pursuits, especially among the young. 
Experts in mental ailments agree that women in remote sections 
are the chief sufferers from the restriction of communication and 
social intercourse, which bad roads impose. 

Highway conditions in Illinois are due to the fact that prog- 
ress in methods of transportation and travel has not been met 
with corresponding changes in our system of road building and 
maintenance. 



DUNNE — JUDGE, MAYOR, GOVERNOR 605 

lUiuois IS the third State in the United States in population, 
wealth, and political and commeicial importance. 

It is the premier agricultural State of the United States. Its 
soil, on the average, is three times as valuable in selling price as 
the average soil of the United States, and yet in that important 
feature which gives value to the farm, to-wit, the roadways 
which lead to its gates, Illinois is scandalously and deplorably 
in the background as compared with most of the other progres- 
sive states of the Union. 

In the matter of ratio of improved roadways to unimproved 
roadways, Illinois holds today the hoodoo number of 23. In other 
words. 22 of the states of the United States have a greater ratio 
of improved roadways to unimproved roadways than has the great 
State of Illinois. 

I was surprised to find, upon investigation, that Illinois has a 
smaller percentage of improved roads than has the United States 
in general. In other words, the average percentage of improved 
roads to unimproved roads in the whole of the United States on 
December 31, 1911, was ten and one-tenth per cent, while the 
average in the great State of Illinois was only nine and forty 
seven hundredths per cent on the same date. * This situation of 
affairs has been, and is, a reproach to the intelligence and a 
blemish on the reputation of this State. 

Knowing these conditions, I recommended to the last General 
Assembly consideration of legislation which would promote the 
efficiency and economy of the administration of the road system 
of the State. Pursuant to that recommendation the last General 
Assembly placed upon the statute ])Ooks a law which affords a 
scheme of State aid and provides for cooperation between the 
State and counties in such a way as to encourage and develop 
road building in the State of Illinois. This law created the pres- 
ent State Highway Department.. 

This department has been thoroughly reorganized. It has 
laid out the roads that will constitute the proposed State aid 
road system of the entire State, and maps have Iieen made of 
about sixteen thousand miles of improved roads. These State 
aid roads connect all the principal trading points of the State 
with one another, extending throughout the length and breadth 
of all of the counties of the State, and when completed as the 
main thoroughfares of the State, will be one of the most com- 
prehensive systems of roads in any like community in the world. 
When this system of roads is once constructed, there will not be a 
home in the State of Illinois farther than four and one-half miles 
from a State aid road. 



606 DUNNE — JUDGE, MAYOR, GOVERNOR 

The State Highway Coramission was somewhat hampered in 
the beginning of their work by a suit testing the constitutionality 
of the law. It was fought through all the courts and the Su- 
preme Court handed down its decision on the question at the 
June term, this year, holding the law to be constitutional in every 
detail. 

The commission at once began active work under the law. 
The first contracts were let on the first day of July this year. 
Contracts have been let in forty-six counties of the State com- 
prising ninety-one miles of road, seventy-five of which will be of 
concrete and sixteen of brick. The Highway Department hope to 
have this number of miles of work completed this fall. This, 
together with perfecting the organization and the preparing of 
the maps and designating the roads that should be State aid roads, 
we believe to be a phenomenal success for the first year's work 
under the new road law. 

Communities that were against this system at the beginning 
of the work have become enthusiastic in favor of road improve- 
ment under the system as designated in the law, and we predict 
that this will be one of the most beneficial pieces of legislation 
that have been enacted in the great State of Illinois, because it 
will ultimately lead to the construction of such a system of roads 
as the people can use in their business and in their pleasure 
every day in the year. 

In addition to the State aid roads, the department has under 
construction about thirty-five miles of hard roads. Seventeen 
miles of these roads are waterbound macadam and are ])eing con- 
structed with convict labor. Four miles are in P^rankfort Town- 
ship and thirteen miles in Washington Township, in M^ill County. 

Under the direction of the State Highway Department all of 
the roads of the State will be improved under one system. 

Perhaps one of the most important points in the construction 
of any quality of road is that of drainage. This question applies 
to every quality of road, whether it be an earth road, a gravel 
road, a macadam road, a concrete or brick road. . If any road is 
permitted to stand under water, disintegration will soon set in, 
but any quality of road properly drained is a great improvement 
upon the old syslnn of Ictling the roads i)raeti('jilly take care of 
themselves. 

During the year there have been graded and dragged u])- 
wards of seven thousand miles of earth roads under the direction 
of the State Highway Department through the county superin- 
tendents of highways. We have ninety-six thousand miU^s of 
public highways in the State of Illinois outside of the villages and 
cities of the State: thus you will see avc will ahvays have manv 



DUNNE — JUDGE, MAYOR, GOVERNOR 607 

earth roads and we must give much attention to the proper grad- 
ing and dragging of these to place them in a passable condition, 
in order to be feeders to the main thoroughfares which are desig- 
nated as State aid roads. 

The department under no condition will overlook the lateral 
roads, the great majority of which for many years will be earth 
roads, but the construction of the main system of roads of either 
concrete or brick will lead to the better construction of all of the 
hiteral roads. 

The State Highway Department, in addition to the work speci- 
fied, has, during the year, prepared plans and specifications for at 
least six hundred bridges for the various townships and counties 
in the State, and it has superintended the construction of many of 
them. This part of the work has been of vast importance to the 
various counties, as it is conceded that a very great saving has 
been made to the various counties because of their inspection and 
supervision. The durability in the manner of constructing 
bridges and culverts has been marked because of the quality of 
construction, reinforced concrete being the present method of 
construction. When a culvert or bridge is built of this material 
under proper plans, it is almost indestructible. 

The improvement of our highways is a matter that ought to 
arouse every citizen of the land, because when once we have 
thoroughly improved them, it will be a pleasure to the people 
and of vast importance to them from a business standpoint. The 
people are becoming intensely interested in this question, not 
only from one end of the State to the other, but throughout the 
entire length and breadth of the Nation, and I can think of no 
other question of more interest to the State and Nation than the 
building of good roads and good waterways. 

When this system of roads that is planned in Illinois is com- 
pleted, it will enormously enhance the value of every acre of 
land in tlie State. The cost of building and maintaining these 
roads in comparison with the enhanced value of the land resulting 
therefrom will l)e inconsiderable. 

The entire system of concrete and brick- roads will cost the 
State, as the department estimates, one hundred and eighty million 
dollars, but the farmers' part of this cost will only be eight cents 
per acre each year for twenty years to construct the entire system, 
he paying under the new road law forty per cent of the cost of the 
system; the railroads, tlie villages and the cities paying the balance 
of the cost of construction. This being the case, it would seem that 
every citizen in the State ought to become enthusiastic and insist 
that Avithin a few years we must have this system of roads for the 
benefit of our people. 



608 DUNNE JUDGE, MAYOR, GOVERNOR 

I also recommended to the General Assembly the enactment of 
appropriate legislation which would provide for the employment of 
the inmates of our penitentiaries in road work. In response to that 
suggestion the General Assembly passed a law which I approved, 
permitting the use of convicts on the roads of the State, who have 
less than five-year sentences to serve. 

The first road camp — Camp Hope — was established at Grand 
De Tour, a village near Dixon, Illinois, September 3, 1913. Fifty- 
one honor men were sent there. A road was cut through a hill 
three-fourths of a mile long and one mile of grading was completed. 
This work was finished February 7, 1914. 

On April 27, 1914, Camp Dunne was established at Deer Park, 
near Ottawa, Illinois. Forty-two honor men were sent there. A 
deep cut was made through rock and earth and about two and one- 
half miles of macadam road were completed. After this work was 
completed, the camp was moved to Mokena, Illinois, where one mile 
and a fourth was completed in the twenty-six working days. This 
was done at a total cost of $2,800. The roadbed consisted of 10 
inches of gravel with a surface of 2 inches of chipped rock. Camp 
Dunne was then transferred to Frankfort, Illinois, where forty-five 
honor men are employed and have completed to date two miles of 
roadway. 

Another camp- — Camp Allen — was established at Beecher. Illi- 
nois, on June 15, 1914, and is composed of sixty-two honor men. 
This work is being done under the supervision of the State High- 
way Department. To date, fourteen miles of road work have been 
completed, and with good weather, we hope to have the work fin- 
ished there by the fifteenth of November. 

Sixty men have been assigned to work on the Joliet honor farm, 
consisting of about two thousand acres. At present these men are 
employed rebuilding and grading all the roads around this farm, 
and in all probability will remain there all winter. 

T am advised by the warden of the Southern Illinois Peniten- 
tiary at Chester that the prisoners in that institution have con- 
structed a splendid road which runs in front of the prison property 
on the grounds of the State. Also, that they have constructed a 
fine road to the prison farm, and have built many rock roads on 
the prison farm. 

It is true that road building costs money. It is true that it 
must entail some taxes, but I do not believe, if the road building of 
the State is conducted upon sane and sensible lines under which 
honest work will be done for fair compensation, that there is not a 
farmer in the State of Illinois whose property will not be enhanced 
in value several times the amount in taxation he may be compelled 
to pay under the new road law. in the way of bringing about good 
roads in his neighborhood. 



DUNNE — JUDGE, MAYOR, GOVERNOR 609 

It is indeed time to drag the State of Illinois out of the unen- 
viable twenty-third position she now occupies among the states of 
the Union in the matter of road building, and further drag the 
people of the State out of the mud that so long has retarded in 
particular the great agricultural interests of this premier agricul- 
tural State. 

It was a pleasure to me, as Governor, to have designated 
Wednesday, April 15, last, as "Road Day," not as a holiday, but 
a hard-working day upon which day I urged public officials and the 
public in general to begin practical and effective work upon the 
improvement of the highways of the State. Public sentiment is in 
favor of the improvement of our roads. A great deal has been 
accomplished, and I hope much more will be accomplished in this 
direction in the next few years. 



—20 



610 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE WORK OF THE RAILROAD MAN. 

Address to the Switchmen's Union, Chicago, October 23, 1914, 

Mr. Chairman \and Gentlemen: 

It gives me much pleasure, as Governor of this State, to meet 
you gentlemen tonight, and to address to you a few words of wel- 
come and encouragement. 

Probably no class of laboring men in the community has more 
responsible and arduous duties to perform than the men engaged 
in the railway transportation of the country. The lives and prop- 
erty of other citizens are committed to their care and keeping. If 
they are vigilant, sober, and industrious, and attentive to their 
duties, the loss of life and limb and property is minimized to the 
lowest degree of which human intelligence is capable; but on the 
contrary, if the railroad men are reckless, careless, dissipated or 
improvident, loss of life, limb and property must necessarily occur. 
You are out in all sorts of weather. Your lives are constantly in 
danger. Your future is uncertain, and your compensation not 
always commensurate with the tremendous risks you run. 

] am pleased indeed to have this opportunity to address this 
body of men, representatives of the switchmen of North America ; 
and when I speak to the switchmen, I believe that my remarks 
are likewise appropriate to the whole body of railroad employes. 
So while you maj- be divided into organizations by the specific 
form of your occupation, you have in common the good of all 
railroad Avorkers. 

The American railroad man is without a peer in efficiency, 
skill and intelligence. We are sometimes inclined to criticise 
the railroads. Some evils in them deserve all the condemnation 
we can heap upon them. Their financiering has often been a 
national scandal. Our trains have been made abodes of physical 
comfort, but railroad securities have frequently been the most 
unsafe things in which to invest. 

It can be truthfully said that recently there has developed 
increased safety of travel upon American railroads which has 
been largely due to the efforts and intelligence, and the devotion 
to duty of the railroad employes, and it is a gratifying sign that 
the fatalities and financial losses of property through railroad 
accidents have been steadily decreasing. 



DUNNE — JUDGE, MAYOR, GOVERNOR 611 

From 1902 to 1912, passenger and freight traffic increased 
by 66 per cent. Yet fatalities to passengers in 1912 were 318 
against 345 in 1902. Fatalities to employes have increased only 
29 per cent, though the total number of employes at work had 
increased in that time by 45 per cent. 

Our American railroads today have a system of 250,000 miles 
of track. They employ nearly 2,000,000 men and women, Their 
annual pay rolls amount to more than $1,500,000,000. In 1912 they 
carried 972,000,000 passengers, an increase of 136 per cent since 
1888, and 1,765,000,000 tons of freight, an increase of 268 per cent 
since 1888. 

The British Board of Trade in the last nine years have 
boasted that in two different years there were no fatalities on the 
railroads of the United Kingdom. Yet even here in this country 
each year there is freedom from such fatalities on more miles of 
railroad than there are miles of road in the United Kingdom, 
Germany, France and Austria. 

Two hundred and ninety of our American railroad corpora- 
tions reported no passenger fatalities in 1912. They operated 
101,000 miles of track and carried 333,000,000 passengers and 
868,000,000 tons of freight. The Lackawana system has had in 
twelve years only one accident in which a passenger was killed. 
The Long Island road, operating 34,000 miles of track, had one 
death of a passenger in nineteen years. 

During the years 1904 to 1912, eight roads killed no passen- 
gers in 9 years ; 45, hone in 8 years ; 76, none in 7 years ; 90, none 
in 6 years ; 118, none in 5 years ; 165, none in 3 years ; 209, none 
in 2 years ; and 290, none in 1912. With such a record as to 
passenger safety our railroads are still hazardous for train crews 
and employes. It is noted in statistics that this hazard is ma- 
terially decreasing. In 1889, one trainman out of 117 was killed. 
In 1912, one out of every 192 lost his life. It is evident, there- 
fore, that the railroad men of this country are still in need of 
aciditional legislation, and of protective and preventative meas- 
ures designed to save their lives and limbs. 

The time was when there was but little regard for your safety 
and well-being in the statutes of the State, Enlightened public 
opinion, however, in recent years has taken recognition of the 
tremendous risks that you run from the defects of machinery, 
and from other causes, and has begun to influence the legislation 
of the State towards relieving you in so far as human ingenuity 
can from the risks and dangers of your employment, and the 
railroad men themselves have earned all they have secured. They 
have endeavored to improve their own conditions through the 



612 DUNNE JUDGE, MAYOR, GOVERNOR 

instrumentality of education, insurance Lenefits, thoughtful co- 
operation and appeal to public sentiment. 

I am pleased to say that the Legislature at its last session 
did notably good Avork in passing legislation which will lessen the 
risks of railroad employes in the performance of their duties. 

Senate bill 687, approved June 26, 1913, provides "For the 
appointment of three additional safety appliance inspectors v. ho 
must have seven years of practical experience on railroads oper- 
ating in the State of Illinois, in the capacity of train bag«-age 
man, engineer, fireman, conductor, yardmaster, brakeman, watch- 
man, car inspector or car repairer. Their duties are to inspect 
the surface and track conditions of train yards, sanitary condi- 
tions of passenger cars and the investigation of power brake.5 
and such appurtenances of cars or engines used by persons on 
the railroads engaged in moving traffic within the State." 

Senate bill 473, approved June 26, 1913, requires "That all 
locomotive engines used in passenger service excepting suburban 
passenger service, be equipped with headlights of sufficient candle- 
power to discern an object the size of a man upon the track at 
the distance of eight hundred feet. All locomotives used in 
freight service, exclusive of switching and transfer service, be 
equipped with headlight of sufficient candlepower to discern 
an object the size of a man upon the track at the distance of 
four hundred feet, and that all locomotives used in switching, 
transfer or suburban passenger service be equipped with a head- 
light of sufficient candlepower to enable the engineer to discern 
an object the size of a man upon the track at a distance of two 
hundred fifty feet. ' ' 

House bill 102, approved June 20, 1913, provides "For the 
organization of corporations to allow the loaning of money by 
such corporations secured by wage assignment and limiting the 
rate of interest or compensation therefor, not to exceed three per 
cent per month for the use of such money." 

The law further provides that the Governor may appoint one 
of the directors in each of these corporations to see that the law 
is efficiently enforced. This law is of vital importance to a 
great many wage earners in that it tends to put a stop to the out- 
rageous loan shark methods heretofore prevailing in the State. 

Senate bill 11, approved June 21, 1913, "Provides for the 
payment of all wages semimonthly" in accordance with the 
recommendation of my inaugural message. 

House bill 348 requires every owner or operator of a coal 
mine, steel mill, foundry, machine shop or other light business 
in which employes become covered with grease, smoke, dirt, 
grime and perspiration which might injure their health or make 



DUNNE — JUDGE, MAYOR, GOVERNOR * 613 

their condition offensive to the public, to maintain a suitable 
and sanitary wash room in or convenient to place of employment, 
for the use of such employes. 

House bill 841 provides for compensation for accidental in- 
juries or death suffered in the course of employment Avithin the 
State ; the creation of an Industrial Board which will adjudicate 
dift'erences between employer and employes. 

House Bill 907, known as the Public Utility Act, empowers the 
Public Utility Commission to bring about efficient service and guard 
against accident by securing the installation of safety and inter- 
locking protecting devices and the maintenance of such appurte- 
nances in good order. The construction of grade crossings along 
safer lines will prevent great loss of life. 

I can assure you, gentlemen, at all times of a respectful hear- 
ing before the new Public Utilities Commission and of justice at 
its hands. 

The attitude of President Wilson and of Congress towards 
railroad corporations and their employes, must be gratifying to 
you and to all good citizens. Congress has enacted a number of 
splendid laws through the operation of which you will be helped. 
The provisions of the new legislation which exempts labor organiza- 
tions from the penal effects of the antitrust laws ; the amendments 
affecting the issue of injunctions in labor disputes ; the authoriza- 
tion of the Alaskan railway projects under Government auspices; 
the averting of several tremendous and destructive industrial con- 
flicts between the railroads and their employes through the friendly 
intervention and aid of the President, are but a few of the achieve- 
ments of the last two years in our National Government. 

There is another subject I cannot pass by. As a Nation we 
have been shocked by the warfare that is destroying our fellow men 
and ruining the works of peace on the European continent. In our 
industrial activities we are suffering severely as a result of that 
terrible conflict. But we should congratulate ourselves and render 
thanks to our Supreme Ruler for the peace that reigns in our land. 
We have narrowly escaped a bloody war with one of our neigh- 
bors. We have, by our conduct in the Mexican crises, exalted our- 
selves among men and advanced the cause of democratic government 
throughout the world. No one can estimate where war with Mexico 
would have led us. 

Our Government was supported in its peace policy by a whole- 
some public sentiment which has been forming among us for many 
years. Contributing to this sentiment has been the rapidly growing 
disposition among employers and employes to adjust their dif- 
ferences by peaceful methods. 



614 DUNNE — JUDGE, MAYOR, GOVERNOR 

Probably no class of labor in America has done more in the 
creation of this sentiment for peace than the railroad men. They 
have always favored arbitration and mediation in settling disputes 
between themselves and their employers, and both they and our 
country have profited by what has been accomplished in this way. 
You may congratulate yourselves upon your stand. Events through- 
out the world today justify your position. You can well afford to 
be proud of your record. In this respect you have done far more 
for the development of your country and for the peace and pros- 
perity of yourselves and your fellow men than you or I can ever 
estimate. 

As I have already said, your achievements, your devotion to 
duty, unmindful often of your own safety so that that of others 
may be conserved, your intelligence, efficiency, courtesy, good citi- 
zenship, patriotic performances in behalf of the public welfare, 
entitle you to the highest and most thoughtful consideration and 
treatment. I wish you success and prosperity in your undertakings. 

The trend of modern thought and modern legislation is in the 
direction of doing away with unnecessary risks and hardships for 
workingmen and workingwomen in the prosecution of their employ- 
ment and towards compensating them for the inevitable losses and 
suffering which are incident to such occupations, and such legisla- 
tion has my hearty approval and support. 



DUNNE — JUDGE, MAYOR, GOVERNOR 615 



THE STATE CHARITIES OF ILLINOIS. 

Address to State Conference of Charities, LaSalle, 
October 26, 1914. 

Mr. Chairman, Ladies and Gentlemen: 

One year has elapsed since the holding of the last Charities 
Conference in Rockford, under the auspices of the Illinois Charities 
Commission. We are now convened in LaSalle for the purpose of 
fostering the development and perfection of organized and con- 
structive charity in our State. We are met to compare notes in 
order that we may profit by our varied and diversified experiences, 
and to encourage the work of scientific research in order that we 
may be better able to perform the important social service of caring 
for the unfortunate wards of tlie State who, under the law, have 
been committed to our care and keeping. 

I heartily endorse the plan adopted by the Charities Commis- 
sion of holding these meetings in different cities from year to year. 
By rotating the annual conventions between different communities, 
more people are brought in direct personal^ contact with this dis- 
tinguished body, and familiarized with its lofty purposes, its splen- 
did ambitions and its humanitarian work. 

We learn by daily experience and observation that thousands 
of people in the State are not informed as to the mission, the mag- 
nitude and the number of the State institutions, nor as to their 
rights and privileges regarding these hospitals and asylums. 

I am pleased to be able to report that great progress has been 
made in the management, the enlargement and the improvement 
of all of our State institutions since last I addressed the charities 
conference. Humanitarian policies have been adopted and are 
being enforced, which are very significant and which cannot but 
prove very beneficial and far-reaching in their consequences. 

At practically all of the old and established institutions, new 
buildings are being added to the equipment and are now in process 
of erection and well under way, to increase the floor space and 
enlarge the facilities for the custody of the inmates and the proper 
housing of the employes. 

The management of the vast State farms has been improved, 
the standard of their efficiency elevated and their outpvit materially 
increased. 



616 DUNNE — JUDGE, MAYOR, GOVERNOR 

Two magnificent new iiistitntions are being added to the list. 
At the new State hospital at Alton, ground has been broken and 
quite a number of the necessary buildings are in course of construc- 
tion. Provision for the care of patients will be made at this new 
infant institution at a very early date. The crops on this new 
farm are now being put in by the State. 

An excellent site for the new epileiptic colony has been selected 
near Dixon, and the necessary ground, consisting of over one thou- 
sand acres of land, has been purchased and paid for by the State. 
The general plans for the construction of this institution have been 
formulated and adopted and advertisements are now running in 
the newspapers for the bids for a number of the individual build- 
ings and cottages. The initiative will be taken in the building opera- 
tions within the next few weeks. At each of these two new institu- 
tions, provision will be made for the treatment and custody of at 
least fifteen hundred patients and the proper housing of the em- 
ployes. It is safe to predict that on completion of the new buildings 
in course of construction at the old institutions, and the addition of 
the two new institutions, the present deplorable and unfortunate 
over-crowding and congestion at the State institutions of Illinois 
will be completely relieved and effectively and adequately remedied. 

These provisions refer to the improvement of material condi- 
tions in the institutions. Changes of policy in the management 
having reference to social justice and medical efficiency have been 
agreed upon and promulgated, which are even far more significant 
in their import than anything which I have yet outlined. 

We have abolished, and we forbid, the use of mechanical re- 
straint in the treatment and handling of the patients in the State 
hospitals or insane asylums. In the same connection we have 
effectually put the ban on all brutality, inhumanity and mistreat- 
ment in all of these institutions. All violations of this rtile are 
punished by the immediate and unconditional discharge of em- 
ployes, who, after careful and impartial trial, are found guilty and 
convicted of its infraction. We have abolished, and we forbid, the 
use of corporal punishment in the institutions having to do with 
the care, the training, the reformation, the teaching and the educa- 
tion of children, whether they be delinquents, defectives or orphans. 
Modern progress demands this measure. The whip, the strap, the 
cat-o-nine-tails has no more place in these institutions under the 
light of advanced knowledge than have the padded cell, the hand- 
cuffs, the straight-jacket, the manacles and the l)lndgeon and the 
blacksnake in the insane asylums. We have resolved to substitute 
kindness and decency for the fossilized and antiquated methods 
which are thoroughly discredited and should have been thrown into 
the discard long ago. 



DUNNE — JUDGE, MAYOR, GOVERNOR 617 

Last, but not least, we have adopted, in several of the State 
asylums and have in contemplation its extension to the other 
asylums, the eight-hour system for the benefit and relief of the 
employes. Many of the employes in our State institutions have 
been compelled to work from ten to fourteen hours and even six- 
teen hours a day, without a Sunday even being allowed them for 
much-needed rest and recreation. It is needless to say that pro- 
tracted and unremitting toil of this description is enervating, 
irritating and demoralizing. It lacks all of the primary and essen- 
tial elements of social justice. 

We cannot render the service to the patients which human 
society has the right to expect of us with exhausted overwrought 
and overworked employes. I am satisfied in my own mind that the 
eight-hour system will automatically eliminate much of the vio- 
lence, the discourtesy and the ill-treatment in general which has 
served to discredit the public service in State charitable institu- 
tions in years gone by. 

In the adoption of these three great progressive reforms, the 
State of Illinois leads all of the states in the Union. 

I am advised that wage conditions among some State employes 
are not what they ought to be in Illinois. In no iiretance have the 
wages of employes been lowered during my administration. In 
many cases where they have been grossly underpaid, they have been 
raised. The general average of wages and the standard of living 
and the conditions of employment have been raised in all of the 
institutions. More progress has been urged in this direction, but 
the taxpayer demands economy in the management of the State 
institutions and his interests are a vital factor in the equation and 
they are entitled to our most serious considerations. By comparison 
with statistics which reach us from all of the sister states, a more 
than favorable showing is made in Illinois, even in the payment of 
wages to the domestics and farm help in the institutions. We are 
doing the very best we can under existing appropriations and we 
have no right to complain; for our Legislature has, by comparison 
with other states, been fairly liberal and generous in providing 
necessary funds for the support of the unfortunate and afflicted 
wards of the State. 

The scope of organized, constructive and public state charity 
in Illinois is on a tremendous scale. We will have twenty institu- 
tions under the management and control of the Board of Adminis- 
tration when the new hospital at Alton and the epileptic colony are 
on the completed list and commissioned into service. 

The cost of the two new institutions will reach the stupendous 
sum of three millions of dollars. The new buildings at the old 
institutions will run over a million dollars in cost to the State. It 



618 DUNNE — JUDGE, MAYOR, GOVERNOR 

will cost five millions and over a year to maintain the institutions 
under the control of the Board of Administration. 

The lesson which these figures ought to impress on our minds 
is that we owe the taxpayer, not only the greatest institutional effi- 
ciency for the money that is exacted from him, perfect honesty, 
absolutely faithful service, but rigid, scrupulous and old-fashioned 
economy as well. All of the institutions are to be heartily com- 
mended for results achieved in this essential direction. 

All of the institutions are conducted on a strictly nonpartisan 
basis and the merit system is being faithfully, honestly and rigor- 
ously enforced in all of them. All of them are doing a great work 
and they are meeting the highest expectations nobly and manfully. 
They are making good. They are realizing the highest ideals of 
mankind. 

I am sometimes afraid that the general public has no just 
appreciation of the wonderful work which is being done in the 
State charitable institutions, on account of the modesty which is 
being observed in giving out statements of results. 

The inmates in these institutions approximate the twenty thou- 
sand mark, under the care of nearly four thousand employes. In 
the eye and ear infirmary in Chicago, seventy-five thousand afflicted 
people with eye and ear ailments and too poor to employ specialists 
to give them the benefit of their science and skill, receive treatment 
and get relief and are cured every year. These are staggering 
figures, but they are accurate and they unfold a tale of public 
charity which controverts, so far as Illirfois is concerned, the pes- 
simistic charge that human civilization has broken down. There is 
balm in Gilead. We are indeed our brother's keeper. The strong 
are protecting the weak. We are helping those who have lost the 
ability to help themselves. We have incorporated the golden rule 
into our governmental system and we are making heroic efforts to 
live up to its mandates. 

I now wish to thank you for your courtesy in inviting me to be 
here and address you. Let me thank you for the efficient work of 
the past and let me adjure you to give the State and its wards the 
best that is in you. 



DUNNE — JUDGE, MAYOR, GOVERNOR 619 



THE SPREAD OF THE FOOT-AND- 
MOUTH DISEASE. 

Statement to the Public, November 7, 1914. 

My attention lias been called to the fact that the foot-and-mouth 
contagion among cattle can be disseminated by persons passing from 
one pasture where infected herds are found to other farms and 
pastures and portions of the State where hitherto there has been 
no infection. 

My attention also has been called to the fact that the hunting, 
season for quail is about to open and that many hunters in their 
zeal for the game may be tempted to cross pastures and other 
places occupied by cattle and other stock, and in this way un- 
wittingly disseminate and spread the contagion. 

In view of these facts, I desire to call to the attention of the 
people of the State and to farmers and stock-raisers in particular, 
the provisions of sections 29, 30 and 31 of the Fish and Game Act, 
chapter 56, Kurd's revised statutes of 1913, which prohibit "per- 
sons from hunting with gun or dog upon the grounds or premises 
of another, or upon the waters flowing over or standing on said 
lands or premises, without first obtaining from the owner, agent, 
or occupant of said lands or premises, his, her or their permission 
so to do," and which make a violation of this law a misdemeanor 
punishable by fine or imprisonment. 

In view of the widespread and dangerous epidemic among 
cattle now prevailing in this State, known as the foot-and-mouth 
disease, and in view of the easily communicable character of said 
disease by persons passing from one field to another, I would re- 
spectfully suggest to all farmers and live stock dealers that they 
post trespass notices upon their premises and that they exercise 
the utmost diligence in preventing such trespasses, even to the ex- 
tent of apprehending persons violating the provisions of this law. 

All trespassing upon stock farms should be rigidly prohibited 
at the present time. 



620 DUNNE — JUDGE, MAYOR, GOVERNOR 



UNIFORMITY OF SAFETY AND SANITA- 
TION LAWS FOR PLACES OF 
EMPLOYMENT. 

Address at Governors' Conference, November 10, 1914. 

Mr. Chairman and Gentlemen: 

In the early history of the legislation of the United States, 
but little attention was paid to industrial sanitation and the pre- 
vention of industrial accidents. 

The strong individualism and self-reliance of the pioneers 
who opened up and developed the country regarded such matter's 
as being wholly within the province of each individual employer 
and his employes. 

The law-making bodies for years placed no legal restrictions 
upon the relatioiis of employer and employe. They considered 
such subjects to be matters for private consideration and action. 
They believed them to be affairs to be covered by contract and 
environment which should be free from State control. 

Conservation of public resources, and the conservation of 
life and health in industrial centers were alike neglected and 
ignored. Our forests were recklessly destroyed for immediate 
gain, without care of the future. Our mines were crudely and 
wastefully exploited. Our soils were recklessly impoverished, 
and their fertility woefully weakened. Our waterways were 
neglected or destroyed for immediate necessities, and the life 
and health of the proletariat was a matter of but little public 
concern. 

In recent years, however, there have been a great social 
awakening. Conservation is the order of the day, and the cry of 
the political economist. Mines, forests, and waterways are being 
withheld from private exploitation, and reserved for futun public 
development or development by private interests under public 
control. So also is the trend of the day towards the conservation 
of human life, human limb, and human health. 

The statutes of most of the progressive states are replete 
with modern legislation having for its object the conservation 
of the health, morals, and well-being of the men and Avomcn 
who form the working units of the industrial world. 



DUNNE — JUDGE, MAYOR, GOVERNOR 621 

It was high time that there should have been such an awaken- 
ing. Within the knowledge of most of us here present, there 
was a time when a brakeman working upon a railroad with an 
unmutilated hand was a rarity ; while all such mutilations were 
easily preventable by the adoption of safety brakes. 

In the decade from 1900 to 1910, the total premiums paid 
to casually companies insuring against accidents was $181,276,782 
and during that period the total number of persons insured who 
were injured was 1,558,551. During that same period most of 
the losses entailed by this frightful destruction of life and limb 
fell not upon the industries in which these injuries occurred, nor 
upon the employers, but upon the helpless employes or their 
widows and orphans. 

xit length the public's conscience was shocked both at the ap- 
palling roster of these casualties, and over the fact that tlie Josses 
entailed thereby fell upon the weak and helpless, and the whole 
community, including even the employers, arrived at tbe con- 
. elusion that it is better to provide safeguards in factories, 
in workshops, and on the railroads, than to wait until an accident 
happens, and then give the employe the choice of a lawsuit or 
the benefit of the recently enacted, so-called compensation laws. 

Legislation creating factory inspection commissions, and 
legislation compelling the adoption of safety devices and sanita- 
tion appliances, have recently been adopted by most of the pro- 
gressive states. Such laws have been enacted in the State of 
Illinois. 

Since the enactment of such laws, the Department of Factory 
Inspection in that State has compelled over 18,000 dangerous 
machinery parts to be provided with safeguards. It has er forced 
the construction of over 6,000 fire escapes and exits: and 7,000 
devices on elevators insuring their safety ; enforcing the guard- 
ing of over 43,000 belts and pulleys ; over 30,000 gears, and 1,800 
emery wheels ; compelled the removal of over 18,000 set screws ; 
issued nearly 13,000 orders covering sanitation ^nd ventilation, 
and eliminated or compelled changes in over 137,000 possible 
sources of danger from machinery. 

It has compelled the safeguarding of machinery during tli*' 
last three years, which has cost the employers four millions of 
dollars, and has taken steps, which during the coming year, with 
the approval of the directors of several Illinois con paiues, will 
cost even a greater amount than four millions of dollars. 

Not only has that State made such stringent and expensive 
changes in the interests of the safety of life and lic^.b, but it has 
enforced many sanitation laws of inestimable value to the working 



622 DUNNE — JUDGE, MAYOR, GOVERNOR 

men and women of the State. Twenty-five out of the forty-eight 
states of the Union have enacted more or less progressive laws 
relating to the safety and sanitation of working men and women. 
All such legislation has been forced upon the statute books by 
reason of the fact that 50,000 people were being killed annually 
in industrial enterprises in the United States and over 1,000,000 
more were receiving nonfatal injuries. 

Time was when the employer, because of expense and the 
trouble entailed upon him by the changes of equipment, opposed 
the passage of such laws, but in recent years he has barkened to 
the demands of humanity and modern progress, and now many of 
these laws are placed upon the statute books after consultation 
with, and the approval of the employing element of our citi- 
zenship. 

The only objection to the passage of such humane and sani- 
tary laws that now comes from the employer is the objection that 
such laws are not uniform in their application to all employers 
in the same line of business. In making this objection, the em- 
ployer points out, with some truth, that some of these states 
claiming to be progressive, are passing and rigidly enforcing laws 
for the safety of human life and limb, and for the sanitation, 
hygiene and well-being of the working men and working women, 
which entail great expense upon the employers in his state, while 
other states within whose borders there exists the same line of 
industry are free from the burden so enforced upon him and 
thus are able to run their business more cheaply and more profit- 
ably, and under-lnd him in placing their products upon the open 
market. 

Such an employer points out that frequently the large in- 
dustries are driven from one state whose laws are onerous upon, 
and expensive to the employer, to another state where such re- 
strictions are not enforced, and where the business can be car- 
ried on more economically and more profitably. A progressive 
state enacting humane laws for the conservation of human life 
and limb, and for the preservation of the health, morals, and 
well-being of its laboring citizens is thus placed at a great dis- 
advantage as compared with a nonprogressive state, which by its 
failure to enact such laws invites the manufacturer whose only 
aim is financial profit within its borders, and thus enhances the 
manufacturing development in such nonprogressive state. 

Such cases are not rare. I have in mind one reported to me 
by the Chief Factory Inspector of our State. This concern had 
four factories in different parts of the State, but found it difficult 
to comply with certain restrictions, which the child labor and 
machinery law placed upon it. After demands by the Chief 



DUNNE — JUDGE, MAYOR, GOVERNOR 623 

State Factory Inspector of the State of Illinois were made upon 
that concern to comply with these restrictions, the president of 
the corporation decided that in order to place his corporation 
and its products under the same advantages as his competitors 
in the same line of business he would move his plant out of the 
State of Illinois, into an adjoining state where the factory laws 
were less stringent. 

Many manufacturers, before instituting an establishment or 
developing an existing establishment, look carefully into the laws 
of the diiferent states before setting up an establishment or 
further developing it, and if they find the laws of one state oner- 
ous and exacting, and entailing an expenditure of money to com- 
ply with such laws, locate by preference in the states where 
such laws are not so onerous. The old position of the manu- 
facturer and employer was the demand "to be let alone. ' ' In 
recent years, however, he has changed that position largely as the 
result of the tremendous changes which have taken place in mod- 
ern business and in modern public opinion. He has come to- 
realize and accept graciously the fact that the day of absolute 
"laissez faire" is past. He is now willing to submit to a great 
deal of governmental regulation and inquiry, but he wants to be 
assured that that inquiry and regulation bears equally, uniformly, 
and impartially on all his competitors. He is satisfied that he can 
pass on to the consumer the increased cost of manufacture en- 
tailed by reasonable and humane laws, relating to sanitation and 
safety of his employes so long as these burdens rest equally upon 
all engaged in the same line of business. 

I am informed that at a recent hearing before the New York 
legislature, on a bill fixing the maximum number of hours per 
week during which women might work in factories, the attorneys 
for the textile manufacturers opposed the bill on the ground that 
the difference in wages and working time which would result, 
as compared with Pennsylvania and with some southern states 
where a longer working week was allowed, would be ruinous to 
their business. These attorneys declared "That they and those 
whom they represented would be glad to go to Washington and 
favor, as a national law, the same measure which they were oppos- 
ing as a state law. ' ' Without doubt there is some truth and force 
in the position thus taken by such manufacturers. 

The manufacturer in the progressive state, which enacts such 
humane laws entailing expense upon them may, and probably will 
find, competitors in the same line of business in other states 
where such laws are in force, producing the same line of goods 
much more cheaply and thus underbidding them in the markets of 
the world. This may result in either totally ruining or seriously 



624 DUNNE — JUDGE, MxVYOR, GOVERNOR 

damaging the position of the manufacturer in the progressive 
state. 

It must be apparent, therefore, that if such salutary laws 
must be passed and enforced — as all must concede — that there 
should be more or less uniformity of legislation in all the states 
where such industries are carried on or the enactment of Federal 
laws covering the subject matter. This latter alternative has 
been seriously urged by many manufacturers and political econo- 
mists, but, in my judgment, is not feasible or possible. 

Federal legislation, under the Interstate Commerce Act may 
be applied to interstate railroads, and other interstate utilities, 
but most of the product of our manufacturing industries are not 
impressed with an interstate character. They may be consumed 
in any state, and when finished at the manufactory, are not with- 
in tlie scope and control of Interstate Commerce legislation. 
Placing such products upon a common carrier does not change the 
character of the product. After a product is finished and capable 
of barter and sale, it does not become contraband or nonsalable 
when placed upon an interstate common carrier. Moreover, even 
if it were feasible and within the scope of Interstate Commerce 
legislation, it would not be advisable to place the control of the 
manufacture of produce and merchandise within the jurisdiction 
of the Federal Government. A Federal law must be uniform 
in its application to all parts of the United States, and a law 
which might be salutary and advisable relating to the manufac- 
ture of goods in the tenement districts of New York, Philadelphia 
or Chicago, might be grossly unjust and unduly onerous in west- 
ern villages and cities. 

A fire-escape in a great city surrounded by conflagration 
hazards might be unnecessary and unduly expensive in a western 
village. Absolute uniformity of laws relating to the sanitation 
and safety of working men in all parts of the United States under 
all circumstances is not demanded, and in fact, unnecessary, but 
uniform law or laws approaching uniformity in the different states 
engaged in like industries under like circumstances is an attain- 
ment much to be desired. 

It has been urged that it is impossible to secure uniformity 
of legislation upon any subject in all of the forty-eight states 
of the United States. This T believe to be true.> There are so 
many different circumstances and environments, and so much dif- 
ference in the methods, habits and occupations of citizens in the 
forty-eight states of the United States, that public sentiment 
could not force absolute uniformity of laws in all particulars. 
Nonetheless, I believe that cooperation between the great manu- 



DUNNE — JUDGE, MAYOR, GOVERNOR 625 

facturing States of the United States toward the securing of the 
same or similar laws affecting such industries is urgently demand- 
ed and that it is not difficult of attainment. 

Geographical locations, facility of transportation, and avail- 
ability of the raw products necessary to the carrying on pf many 
P'reat iiid'istries necessarily centralizes these industries in certain 
fixed localities. Most of the coal mining of the United States 
is carried on in five or six states. The manufacturing of textile 
fabrics is confined to New England and two or three of the south- 
ern states. ]\rost of the clock and watch-making is confined 
to a few states. The manufactiu'e of flour is confined to but a few 
states. The manufacture of iron and steel is confined to but a 
few states. The production of cotton is confined to the Southern 
►states. The production of corn and wheat mostly to the states of 
the Central West. Numerous other instances might be given 
where the manufacture of certain products are confined to cer- 
tain limited districts. 

From this it follows, in my judgment, that cooperation be- 
tween states engaged in like manufactures can secure the passage 
of laws substantially uniform in relation to the conduct of such 
character of business. Great manufacturing enterprises can only 
be carried on where power is easily developed, and raw products 
and transportation are accessible. 

The time has come, in my judgment, when the dif'^erent 
states of the United States engaged largely in the manufacture 
of industrial products should, through commissions appointed by 
the legisb'iture, or the executive of those states, arrange for an 
investigation of the conditions relating to manufacturing and the 
advocacy of the laws covering those industries in so far as the 
health, sanitation, morals and safety of the men and women en- 
gaged therein are concerned. 

IModcrn conditions and overwhelming public sentiment favor 
the passage of such laws. The only obstacle in the way is the re- 
fusal of some jurisdictions so to do, thus entailing upon the 
manufacturers in those states responding to this public sentiment, 
the hardships of unfair competition by manufacturers in other 
states, or driving them out of those states which respond to the 
demands of modern progress into the states who refuse to heed 
the cry of humanity for decent treatment of the workingmen. 

I am confident that if the great manufacturing states of the 
United States through their legislatures authorized the creation of 
commissions for securing the enactment of uniform laws relating 
to safety and sanitation in manufacturing industries, and if these 
commissions meet in a spirit of fairness and impartial justice, 
they can, before the meeting of the next ensuing legislatures. 



626 DUNNE — JUDGE, MAYOR, GOVERNOR 

recommend to their respective legislatures the passage of laws 
affecting with substantial uniformity such manufacturing indus- 
tries which will be just to both employer and employe, and meet 
the demands of modern society for laws which will conserve the 
health and lives of the working men and working women of the 
nation. 

This step towards cooperation of the states in procuring 
uniformity of laws has been advocated heretofore by some of the 
best thinkers and political economists of this country. Upon all 
subjects, of course, it is impossible to secure this uniformity, but 
upon many subjects, cooperation can be secured. For many years 
uniformity of divorce laws had been advocated by some of the 
ablest men and women of the country. 

Uniformity of state labor legislation has been advocated, not 
only in this country, but in many countries of Europe. 

A number of treaties of international importance have been 
made affecting labor. In 1906 fourteen nations united in a treaty 
forbidding the night work of women in industries. In the same 
year seven nations united in a treaty forbidding the use of white 
phosphorus in the manufacture of matches, in order to stamp 
out the phosphorus necrosis which is so prevalent in this industrj'. 

In 1904 a treaty was made between France and Italy to secure 
for the workers of each of these countries advantages in the sav- 
ings banks and the insurance institutions of the other country. 
In July, 1909, a treaty was made between France and England, 
giving the workmen of those countries reciprocal rights with re- 
gard to compensation for accidents. 

Sam.uel Gompers, President of the American Federation ol 
Labor, is on record as favoring uniform laws regulating child 
labor and woman's work, and especially the normal work day, 
hours of labor, compulsory school attendance, and, "even above 
all these, compensation for the victims of industry." 

John Mitchell, a short time ago declared: "The working- 
men, in common with all other citizens, are interested in the sub- 
ject of uniform legislation among the various states and they 
recognize the necessity and the importance of systematic efforts 
in this direction. Especially are they interested in uniform and 
effective legislation for the prevention of industrial accidents." 

John Hays Hammond also has declared: "Uniformity in the 
mining laws of all the states is indispensable. It would obviously 
be unfair for a state to impose drastic legislation upon its mining 
industry adding to the cost of production, where laxity in this 
respect prevails in neighboring sister states." 



DUNNE — JUDGE, MAYOR, GOVERNOR 627 

Isaac N, Seligiuaii, speaking for the National Child Labor 
Committee, declared: "'The importance of uniform legislation is 
obvious, particularly where states are Avithin the same industrial 
area." 

It may be objected that the enactment of such uniform laws 
by conference between the legislative committees or commis- 
sions from the different states contemplates and requires a com- 
pact between the states, and that such compacts are a violation of 
Section 10, Article 1, of the Constitution of the United States, 
which declares "That no State shall enter into any treaty, alli- 
ance, or confederation." My answer to this is that no official 
compact or treaty between the states is necessary. 

The passage of uniform laws in each state corresponding 
with the laws of a sister state will be the result, not of interstate 
agreement, but the result of interchange of experience and wisdom 
between the citizens of such states. Identical or simihir laws can 
be passed by such great nations as Great Britain, France or 
Germany without compact, and will be binding upon the citizens 
and subjects of these great nations when enacted. 

Similar, aye, even identical laws are now in force in many 
of the states of the United States, not as the result of interstate 
compact or treaty, but as the result of the fact that public senti- 
ment in the several states was harmonious, and secured the pass- 
age of such similar or identical laws. But it may be said that 
the securing of such uniformity of laws by conference between 
interstate commissions will be a matter of slow development. I 
think not. 

The American Bar Association, some twenty years ago, began 
a campaign for uniformity of legislation in the different states. 
It has secured the official selection of Uniform State Law Com- 
missioners in forty-four states and territories. These commis- 
sioners have secured the adoption of a uniform Negotiable Note 
bill in thirty-eight of the states, territories and Federal districts, 
a uniform Warehouse Receipts bill in eighteen states and a uni- 
form Bill of Lading act in two states. On the Pure Food and 
Drug matter they urged the adoption by the states of the Federal 
Act, which has already been endorsed by thirty-five states. Their 
Marriage and Divorce Act has been adopted in four states. 

The result of these activities is promising. If every State 
Commission acts vigorously and promptly they can secure uniform 
or similar laws relating to sanitation and life-saving in the indus- 
trial states within a reasonable time. If the commissions, upon 
conference, can agree upon a uniform law, the securing of the 
enactment of this law in the several manufacturing states is 
certain to come within a reasonable time. Even if there should 



628 DUNNE — JUDGE, MAYOR, GOVERNOR 

be delaj^ between the agreement upon such a law in these con- 
ferences, and the enactment of the law in the several states, the 
progressive states can place such laws upon their statute books 
to take effect when all of the manufacturing states shall enact 
them in their several jurisdictions. 

I have no doubt, for instance, that the State of Illinois could 
place upon its statute books a law covering sanitation and safety 
of employes in manufacturing industries, which would receive 
the approval of the legislative commissions from the several 
manufacturing states, with a proviso that said law should only 
go into effect when the governor of the state shall ascertain and 
make proclamation that said laAv has been placed upon the statute 
books of certain other states. It is within the province of a 
legislature in enacting a law to fix the time for its going into 
eft'ect, and such time may be fixed as a positive date or upon the 
happening of certain events officially found and promulgated. 
Uniform laws enacted by the great manufacturing states relating 
to sanitation and the safety of life and limb of industrial work- 
ers is a crying demand of the times, and I believe is a matter of 
early accomplishment. 

This brings us to the consideration of what should be the 
general character of such laws. ]\Iany of the states of the United 
States have enacted employment laws of great length and par- 
ticularity. They have specifically covered the number of hours 
to be worked per day ; limitations of hours as to women and chil- 
dren ; registration of factories and warehouses ; inspection ot 
premises, and appliances ; safety devices for machinery ; safety 
devices for scaffolds, hoists, elevators and fire escapes ; ventilation 
and sanitation. 

Such states have, as a rule, after the passage of such acts, 
appointed factory inspectors to enforce compliance with those,, 
acts. Other states, notably Wisconsin, California, New York, 
Ohio and Pennsylvania, have. contented themselves in a broad way 
in placing upon the statute books simple, concise laws demanding 
the adoption of safe machinery, safe buildings, safe appliances 
and safe employment, and requiring that all things should be 
done that are reasonably necessary to protect the life, health, 
safet^y and welfare of the employe. Those states have then 
created Industrial Commissions with power to hear, examine and 
determine all questions relating to such safety and welfare of 
employes, and then empowered the commissions to adopt general 
rules by order of the commission, which orders shall have the 
force and effect of laws. 

In other words, those states give their Industrial Commis- 
sions so created, what is practically legislative power in the mat- 



DUNNE — JUDGE, MAYOR, GOVERNOR 629 

ter of the declaration of what buildings, tools, and appliances 
are safe, sanitary, and for the well-being of the workingmen. 
While much can be said in favor of the creating of such adminis- 
trative commissions, and in favor of permitting such commis- 
sions to carry out the main, broad and comprehensive intent of the 
law in favor of sanitation and safety by administrative order in 
detail matters, it will be urged against giving such tremendous 
power to those commissions that it is an abdication of the law- 
making povver of the state, to-wit, the legislature of its legis- 
lative powers, and that such delegation of legislative powers to 
such commissions is illegal and unconstitutional. Until the courts 
have finally passed upon these questions in detail we can not 
safely say whether this quasi-lawmaking power of the commis- 
sion will be upheld. 

I am here simply to discuss, not the legality of such laws, but 
the policy of their enactment if they can be enforced. As a 
matter of policy, I believe tliat in the determination of such ques- 
tions as to what is the latest and best safety device to be adopted ; 
what is the best method of securing the best ventilation, what is 
the best and latest method of secuinng employes from the acquisi- 
tion of occupational diseases, and questions of like character, that 
such matters ought to be left to a standing commission which is 
always in session, to be determined by such commission from time 
to time by frequent investigation with the assistance of the most 
modern experts and scientists. 

Changes in the forms of machinery are taking place almost 
monthly. What is a modern safety securing machine today may 
be obsolete tomorrow. The science of sanitation is growing by 
leaps and bounds. Methods which might be approved as skillful 
and up-to-date this week may be discarded as obsolete and out 
of date next week. 

A commission created for the purpose of keeping pace with 
the march of modern science, with power to examine from day 
to day and from week to week new methods and new contriv- 
ances, would have a facility of power and effectiveness which 
could not be obtained in anj^ cast-iron law passed by a legislature 
in its biennial sessions. I believe in the creation and operation 
of such commissions operating through administrative orders so 
far as the courts will permit same to be done. 

Nonetheless, I see no good reason why a legislature should 
not, in its laws relating to manufacturing industries, incorporate 
m such laws full and plenary provisions securing safety and 
salutation by methods which have received the approA^al of 
science after full investigation up to the date of the passage of 
such laws, leaving the industrial commissions created contem- 



t>30 DUNNE — JUDGE, MAYOR, GOVERNOR 

poraneous with the enactment of such laws to supplement these 
laws in detail matters by commissional order. Such commis- 
sional orders, however, should be uniform and applicable alike 
to all classes of citizens and manufactories in similar classes. 

I doubt much the advisability of that provision of the AViscon- 
sin law which permits a commission to make special orders ap- 
plicable to special cases. Private legislation by legislatures in 
the past, appearing on the statute books in the shape of private 
law, became a scandal and a disgrace and forced, in many states, a 
revision of the constitution, prohibiting such legislation. Special 
orders by a commission seems to me just as objectionable as 
private laws enacted by a legislature. In some cases such special 
orders work no injustice, but the power to make such special 
orders opens the door to the possibility of grave abuses, and, in 
my opinion, is dangerous and unnecessary. 

I do not pretend to have made a careful examination into 
the workings of the Wisconsin law creating the industrial com- 
mission, which declare in such simple, concise, and generic lan- 
guage the duties of the employers of that state, and the powers 
of that commission, but I see no good reason why a legislature, 
in the passage of laws covering the employment of men and 
women in the manufacturing industries, should not place upon the 
statute books enactments requiring specifically the adoption of 
such measures and appliances as modern science and modern ex- 
perience has shown to be necessary to. and productive of, the 
safety, health, and welfare of such employes, and then as auxil- 
iary thereto appoint a commission with the powers given by the 
Wisconsin law to strengthen the statute law b.y investigation and 
commissional order in relation to details relating to safety, health 
and welfare, which may not be specifically covered by such law. 
This, in my j^^dgment, would be a wise and conservative method 
of procedure. 

Reasonable laws for the protection of the life, health, safety 
and welfare of employes are essential to the political and social 
health of the states and the Nation. Such laAvs should be uniform 
in fairness to the employers. Uniformity should come, and will 
come, from cooperation between the states, and it is the duty 
of every citizen interested in the well being of our industrial 
classes, and the prosperity of our country to cooperate in bring- 
ing about this much desired accomplishment. 



DUNNE JUDGE, MAYOR, GOVERNOR 631 



PROCLAIMING THE BIRTHDAY OF 
ILLINOIS. 

Proclamation to the People, November 16, 1914. 

Illinois was admitted to the Union of the States on December 
3, 1818, and we are fast approaching the centenary of the birth of 
this State. 

The Forty-eighth General Assembly has already laid the 
foundation for a historical commemoration of the event. 

In view of these facts, I have been requested by the Chicago 
Association of Commerce, the Peoria Association of Commerce, and 
the East St. Louis Commercial Club, and the Cairo Association of 
Commerce, and many prominent citizens, to proclaim December 3 
the birthday of the State, as a State holiday, upon which day 
commercial and civic organizations throughout the State may appro- 
priately celebrate the day. 

In view of the widespread desire for the setting apart of this 
day as a day distinctly of State commemoration, I hereby respect- 
fully request the citizens of the State of Illinois, without interfering 
with their daily avocations, to participate in commemoratory serv- 
ices of the admission of the State of Illinois to the Union of States 
on December 3, 1914, and to signalize the birth of a State which 
within a century has so rapidly advanced into the front rank among 
the States of the Union. 

In witness whereof, I, Edward F. Dunne, Governor of the 
State of Illinois, do hereunto set my hand and cause to be affixed 
the Great Seal of the State this sixteenth day of November, A. D. 
1914. 



632 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE LAW AND PRACTICE IN 
REQUISITION. 

Statement to the Public, November 28, 1914. 

If Judge Gemmell of the Municipal Court of Chicago is cor- 
rectly quoted in the papers, he is amazingly ignorant of the law 
relating to the extradition of fugitives from justice. 

As reported by the papers, he intimates that before a governor 
can honor the requisition of another governor he must await for 
and consider evidence taken before a court in this State. Such is 
not, and never has been, the law. When the governor of any state 
shall demand the extradition of any person in this State as a fugi- 
tive from justice, and shall have complied with the requisitions of 
the act of Congress, and forwarded a copy of the complaint or 
indictment attached to his requisition duly authenticated, it becomes 
the duty of the Executive of this State, upon ascertaining the iden- 
tity of the person sought and that he has fled to this State, after 
the commission of the alleged crime, to issue his warrant for the 
apprehension of the fugitive and deliver the fugitive to the agent 
of the governor of such requisitioning state. No proceedings in 
court are necessary and no evidence need be submitted to the Gov- 
ernor, Judge Gemmell to the contrary notwithstanding. 

In the proceedings before Judge Gemmell, as soon as he was 
notified that a warrant of extradition had been issued by the Gov- 
ernor of this State upon the requisition of the governor of Iowa, it 
was his duty to respect that warrant. Judge Gemmell, as a 
municipal judge, has no jurisdiction on habeas corpus, and has no 
power of any character to interfere with the Governor's warrant. 

Section 3 of the fugitive act does provide for a hearing before 
a court when a man is arrested in this State as a fugitive from 
justice of another state when no requisition has heen made hy the 
Governor of a foreign stute and no extradition has heen issued hy 
the Governor of this State. 

In the case before Judge Gemmell, when the Governor's war- 
rant was issued, the prosecution properly entered a motion for 
nolle of the proceedings which Judge Gemmell wrongfully and 
improperly refused. In the case of Hemstreet, I have refused to 
recall the warrant of extradition, but as a matter of favor to his 



DUNNE — JUDGE, MAYOR, GOVERNOR 633 

attorney, who claims that his client is deaf and dumb and innocent, 
I have written Governor Clarke of Iowa the defendant's conten- 
tion, and asked him for his desires in the matter. I was moved to 
this because of the fact that the defendant is a deaf and dumb man, 
who seems to be struggling; for a living. If the Governor of Iowa 
wants him, under the law, his requisition must be honored, and the 
defendant extradited to Iowa. 



634 DUNNE JUDGE, MAYOR, GOVERNOR 



THE SCOTCHMAN IN AMERICA. 

Address to St. Andrew's Society, Chicago, November 30, 1914. 

Mr. Chairman and Gentlemen: 

It gives me much pleasure to participate with you at the ban- 
quet board in the commemoration of Scotland's national holiday. 

It is not the first time that I have attended a St. Andrew 
banquet. I retain very pleasant recollections of former occasions 
when I enjoyed your hospitality and good cheer. 

At a St. Andrew banquet you meet not only a lot of congenial, 
good fellows, but many of the most representative men in public 
and commercial life of this great city. I am not here to consume 
your time with the commemoration of the achievements and glories 
of old Scotia in the past, great as they have been. The Scotch people 
have ever asserted their rights to liberty and independence, in the 
forum and 'on the battlefield. They resisted stoutly and aggressively 
their English neighbors for many centuries, and only when they 
succeeded in getting a Scotch king upon an English throne did they 
desist in their warfare upon the English. Since that time it must 
be conceded that they have been as loyal and have remained as 
faithful to the British Constitution as have the English themselves. 

I will not descant upon the courage and valor of your Robert 
Bruce, nor your William Wallace, nor dwell at length upon the 
contributions of your David Hume and Adam Smith to philosophy, 
science and history, nor shall I pay a well-merited but unnecessary 
tribute to the genius of Bobby Burns and Sir Walter Scott, nor to 
the rugged literary grandeur of one of the most forceful historical 
Avriters in the English language, Thomas Carlyle. 

Let me spend but a few minutes in discussing the contributions 
of brain and brawn made to this great, cosmopolitan Republic by 
the men of the Scottish race. 

Proverbially, the Scotchman is a money maker and a money 
saver, and because of this sagacity and frugality, the Scotchman 
has made himself felt in every portion of the commercial world, but 
the Scotchman can be as open-handed and . generous-hearted as a 
man of any nationality on earth. 

Andrew Carnegie is probably one of the greatest money makers 
in modern history, and yet this man, with his great acquisition of 
wealth, has been even greater in the generosity of his benefactions. 



DUNNE — JUDGE, MAYOR, GOVERNOR 635 

No man in the world, so far as I know, has done more in the way 
of bringing about a sentiment for peace and universal disarmament 
than has Andrew Carnegie, and no man has done more to bring 
about the education of the multitude by the foundation of libraries 
throughout the world than has this same Andrew Carnegie. Unlike 
most benefactors, he has lived to see the splendid accomplishment 
of his generous heart, and I trust with you that his days may long 
be numbered to continue these magnificent benefactions throughout 
the world. 

Although the emigration to this country from Scotland has 
not been as great as that from Germany, Ireland, Sweden, Italy or 
Russia, the Scotch immigrant in this country has made up for his 
lack of numbers by the force of his personal character. 

Among the great men who have graced the bench of the 
Nation and the states, we find the names of Storey and Kent, 
Marshall, Harlan and David Davis, all of whom I believe were 
proud to claim that they were of Scotch ancestry. 

Patrick Henry was either a Scotch-Irishman or an Irish- 
Scotchman. I suppose he got the name of Henry from some Scotch 
father, while Patrick was probably attached to it by some enthusias- 
tic Irish mother, but whatever his origin, he was historically the 
first Governor of the territory upon which we now stand. In the 
Statehouse at Springfield, among the portraits of its Governors, 
at the head you will find the portrait of that great Scotch-Jrish- 
Virginian, Patrick Henry. 

George Rogers Clark was a Scotch-Irishman, who received his 
commission to recover the Northwest from British rule from Patrick 
Henry, and this gallant man, at the head of a band of 153 men, 
among whom were Scotch, Irish and Virginian names most numer- 
ous, succeeded after a marvelous march through the wilds of the 
western territory, in capturing the British Fort Kaskaskia, which 
was then the Capital of Illinois, and then secured the surrender 
of the British garrison in the town of Vincennes, Indiana, and thus 
wrested from the British Crown the marvelously rich valley of the 
Mississippi, and placed it under the folds of the American flag. 

No more romantic adventure appears in the pages of history 
than that enterprise, daring and almost incomprehensible as it was. 
It was pregnant with more far-reaching results than any accom- 
plishment on the great battlefields of Europe. The storming of 
Kaskaskia and the capture of Vincennes turned over to the young 
American Republic a territory upon which now live one-half of the 
population of the United States, a territory which is probably the 
most fertile on the face of the earth. 

Edward Coles, one of the early Governors of Illinois, a Vir- 
ginian by birth, was of Scotch origin. 



636 DUNNE — JUDGE, MAYOR, GOVERNOR 

McLean, the first Speaker of the Illinois House of Representa- 
tives, was a Scotchman, and gave his name to one of the largest 
and richest of Illinois counties, McLean, the county seat of which is 
Bloomington. 

Governor Ninian Edwards, the man for whom the State re- 
cently erected a monument at Warsaw, Illinois, was the third elected 
Governor of Illinois, and was of Scotch origin. 

General John A. Logan, the greatest volunteer soldier of the 
War of the Rebellion, and Senator for many years in the United 
States Senate, was of Scotch-Irish ancestry. 

James S. Ewing, Minister to Belgium under President Cleve- 
land's administration, is a Scotchman, and a member of the Ewing 
family, prominent in early Illinois history. 

McClernand, Speaker of the House of Representatives of Illi- 
nois, Army leader and friend of Lincoln, was a Scotchman. 

Governors Oglesby, Yates and Palmer, all boasted of their 
Scotch ancestry, and Stephen A. Douglas, the little giant of the 
West, and the great antagonist of Lincoln, was undoubtedly of 
Scotch descent. 

With such a record, the Scotch-Americans of this community 
may well boast of the splendid part they have played in the up- 
building of this State and Nation. 

In the commercial and financial theater of action all of us 
concede that the Scotchman and the Scotch- American has played a 
most honorable and useful part, and a part of which all Illinoisans 
are proud. 

I congratulate you upon the record, and congratulate you that 
year after year you maintain this splendid organization with its 
splendid record of benevolence and charity, and trust that the 
success already secured by your organization may long continue in 
this city and in this State with the beneficent results that have fol- 
lowed it in the past. 



DUNNE — JUDGE, MAYOR, GOVERNOR 637 



THE PAST AND FUTURE OF ILLINOIS. 

Address to Commercial Association, Springfield, December 

3, 1914. 

Mr. Chairman and Gentlemen: 

For nearly a century the State of Illinois has been without a 
State flag or a State official anniversary. 

Whether we should adopt a State flag, following the precedent 
by many other States, or whether we should be content to. remain 
with no flag but the starry emblem of our Nation, is a matter about 
which there may be some difference of opinion. But that we should 
have an official Illinois Day, upon which to commemorate the prog- 
ress and achievements of this great State, I do not believe will be 
seriously questioned. 

The great commercial organizations of Illinois seem to be firmly 
of this opinion. A wide-spread sentiment in favor of it I find to 
prevail among all classes. Because of this sentiment, as I have 
found it, I have deemed it my duty, as Executive of this State, to 
declare by proclamation December 3, the day upon which this 
State was born and upon which it was admitted into the union of 
states, as a day appropriate to be set apart for the commemoration 
of the material and moral progress which this State has made among 
the states of the Union. In so doing, I have not requested the laying 
aside of the ordinary avocations of life, but have simply suggested 
to the people of the State that the birthday of the State could be 
appropriately celebrated without interference with the business 
activities of its citizens. 

I have noticed in going to other states a manifestation of more 
state pride in those states than there has existed up to the present 
time in the State of Illinois. On a recent visit to Georgia, I noted 
that the Georgians had a state flag of which they are extremely 
proud, and I found it pinned upon the buttonholes of many of the 
residents of that state, and they are wont to speak with peculiar 
pride of the part that Georgia has played in the history of these 
United States. I know of no reason why the men of Illinois should 
not be as proud of the history of their State, as are the citizens of 
Georgia. 

True it is that we were not one of the original thirteen colonies, 
and did not therefore become one of the thirteen original con fed- 



638 DUNNE — JUDGE, MAYOR, GOVERNOR 

erated states, but if we were not then one of the original states, 
upon the soil of Illinois there was enacted during the War of the 
Revolution one of the most glorious episodes in American history. 
While the thirteen colonies were engaged in a life and death strug- 
gle with the kingdom of Great Britain, as the result of which they 
wrested from the. mother country their independence as autonomous 
states, on the soil of Illinois a struggle took place during that same 
war with consequences so tremendous that it has redounded not 
only to the tremendous aggrandizement of the young American 
Nation, but in glory to this State which can never be forgotten. 

In 1778, Patrick Henry, then Governor of Virginia, was ap- 
proached by a daring spirit in the person of George Rogers Clark, 
who suggested to him the granting of a commission to him (Clark) 
for the wresting from British control of the fertile valleys east of 
the Mississippi River. Clark was without money and without 
troops, and without the munitions of war. The Old Dominion her- 
self was engaged in a struggle with Great Britain, which taxed all 
her energies and occupied the attention of all its fighting men, but 
Patrick Henry was not only a public official and a brilliant orator, 
but one of the most far-seeing men of his day. 

Wild and visionary as the scheme might have seemed to other 
men, he became attracted by its very daring, and although he was 
unable to furnish either men or means to the daring applicant he 
gave him a commission empowering him to raise an expedition of 
men, and in the name of Virginia, to plant the American flag upon 
the forts held by the British in the northwest territory. To com- 
mission a man to undertake such a project at such a time, and in 
such a way, as we look upon it now, seems to border upon the 
quixotic, and yet it is a fact incontestably recorded in history. 

Upon receipt of the commission, the daring and heroic Clark 
proceeded to its execution. How he crossed the Alleghenies, the 
bridgeless rivers, and the trackless wastes that then lay between 
Virginia and the Mississippi River, only Clark and the advent\ir- 
ous men who accompanied him can tell. 

However, it was accomplished. Clark and 153 men in the 
spring of 1778 captured Fort Massac on the Ohio River, and thence 
through the swamps and mountains they found their way to the 
fort of Kaskaskia on the Mississippi River, and ill-clad and ragged 
as they were they succeeded in surprising and capturing that 
British fort and placing over it the flag of the young Republic. 
The nearest British fort was then at Vincennes, Indiana, and soon 
it came to the ears of Clark that the British forces in that fort 
were about to be reinforced by British troops from Detroit, whence 
it was planned that an expedition should start to reconquer Kas- 
kaskia. With extraordinary daring Clark conceived the idea of 



DUNNE — JUDGE, MAYOR, GOVERNOR 639 

surprising Vincennes before these reinforcements could arrive. 
With about 200 men he again traversed the State of Illinois from 
the Mississippi to the Wabash in the middle of winter, laying siege 
to, and capturing the fort of Vincennes. A more daring, courageous 
and successful campaign was never waged. The results were prob- 
ably the most comprehensive in the history of the United States. 

As the result of this extraordinary expedition, the northwestern 
territory at the close of the Revolutionary War was in the hands of 
the long-knife soldiers and frontier men from Virginia and, when 
peace was concluded. Great Britain was compelled to acknowledge 
that the frontier men from Virginia were in possession of the terri- 
tory to the east of the Mississippi and under the terms of the treaty 
of peace, all this territory was recognized as belonging to the 
thirteen colonies and was divested forever of British rule. 

To the west of the Mississippi there lay a tremendous territory 
between the Mississippi and the Rocky Mountains, to which the 
Spaniards claimed possession. It was practically unpopulated, how- 
ever, by white men, and the Spanish tenure was therefore most 
insecure, and when the great Napoleon succeeded in overrunning 
Spain, and placing his brother upon the throne, he secured a relin- 
quishment of the Spanish title to France, and soon after, being 
sorely pressed for money. Napoleon surrendered, for a nominal con- 
sideration, all title to these United States. Thus we find, as the 
result of this extraordinary enterprise of George Rogers Clark and 
his small band of Virginians and Kentuckians, the United States 
now owns the most fertile valley on the face of the earth, upon 
which now live practically one-half of the population of the United 
States. In that valley there now live prosperous, happy and con- 
tented, about 50,000,000 American freemen. 

Upon Illinois soil on the 4th day of July, 1778, took place a 
struggle, which, as we see, has eventuated in incorporating 50,000,- 
000 of people in the body politic of the United States, and what a 
wondrous story has been the growth and development of this State 
from that time to this ! Have you ever noted the peculiar formation 
of the State of Illinois, and its surroundings ? Look at its map and 
you will find Lake Michigan in the shape of a great index finger 
pointing southward to the northeast corner of the State, the finger 
of destiny, with the point of that finger resting upon the great 
metropolis of the West where now nearly 2,500,000 people are 
engaged in developing what I believe will eventually be the greatest 
city on the western continent. 

Again, have you ever noted the peculiar shape of this State? 
Trim off the straight boundary line which rests between it and Wis- 
consin, and it takes the shape of a human heart, the heart of the 
Mississippi valley, the throbbing nerve-center of the United States, 



640 DUNNE — JUDGE, MAYOR, GOVERNOR 

and running across its fair bosom northeast to southwest runs the 
mighty Illinois River, navigable for 263 miles, like a cordon of the 
legion of honor. Nearly 6,000,000 people now dwell in comfort 
and happiness within its borders. 

The first state in the United States in the valuation of its crops, 
the second in mining, third in the production of oil, in population 
and in political and commercial importance, and the greatest manu- 
facturing state in the United States west of the AUeghenies. Of 
the 2,950 counties in the United States, the first eight produced 
about 2 per cent of the total value of all the crops of the year 1913. 
In other words, these eight counties produced over $95,000,000 
worth of crops. Four of these counties out of the eight are within 
the State of Illinois, viz : McLean, Livingston, Iroquois and 
LaSalle. 

The average value per acre of the land of Illinois is three 
times the average value of the land of the United States. These 
figures show the tremendous progress of the State of Illinois up 
to date. What of the future? 

Her roadways are as yet practically undeveloped. Her great 
waterway, the Illinois River, is clogged and stopped. Of the 
90,000 odd miles of roads of this State, less than ten per cent can 
be called good roads. The average of improved roads in the 
State of Illinois is less than the average of the improved roads 
of the United States. 

First in the valuation of her agricultural products, second in 
the valuation of her mines, third in the production of oil, in popu- 
lation and in commercial and political importance, she ranks 
twenty-third of the states of the United States in road improve- 
ments. Her great waterway, the Illinois River, which, if devel- 
oped to Lake Michigan, would give a water highway from the 
lakes to the gulf and the Panama eanal, is still clogged, because 
about sixtj^ miles of that river runs through a rocky formation. 
In other words, the great State of Illinois has achieved its won- 
derful progress without any intelligent development of either its 
great waterway or its roadways. 

Must we be content with what nature has done for her or 
will we assist nature and at once really demonstrate the future 
greatness of our State? If we had good roads in Illinois, it 
Avould enable the farmers to take the produce of their farms 
into the cities and railways stations and waterway terminals, 
and the value of Illinois land before long would be doubled. 

If we can break through the rocky strata of 60 miles which 
now separate the great lakes from the Mississippi Ave can develop 
a waterway commerce which will astonish the Avorld. We have 



DUNNE — JUDGE, MAYOR, GOVERNOR 641 

already commenced to improve our roadways. The people are at 
last awakening to the drawbacks resulting from mud roads, which 
are impassable for at least one-third of the year. 

The last Legislature wisely placed upon the statute books 
a law, under which the State cooperates with the counties, and 
I am satisfied that an aroused public sentiment will soon eventu- 
ate in pulling Illinois from the twenty-third position of disgrace 
which she now occupies among the states up to the place in which 
she should hold among the progressive states of the United States. 

I am confident that the movement to improve our roadways 
will soon result in pulling Illinois out of the mud. 

As to the waterway, at the present time, south of St. Louis, 
in the Mississippi River, there is a channel of about eight feet in 
depth. Federal engineers have reported to the United States 
Government that, to secure a greater depth in the Mississippi, 
would involve a cost so enormous as to make a further depth a 
commercial impossibility in . the present state of engineering 
science. 

With a depth then in the Mississippi River of eight feet, why 
cannot we acquire the same depth in the 60 miles of river and 
canal lying between Joliet and Utica. "Within the last sixty 
days, at my request, four intelligent and practical engineers 
have made a study of the problem and have reported to me that 
such a channel can be had, and quickly secured, for the whole of 
that 60 miles, at a cost to the State of Illinois of $3,075,000. This 
channel can be completed within two years, and we get a water- 
way from the lakes to the gulf for immediate use by the citizens 
of Illinois. 

The commercial associations of the State have examined the 
plan, and I am pleased to say that it has been universally ap- 
proved. I have not found a single critic as yet to attack it. Let 
us then not be content with the tremendous prosperity shown by 
our great and glorious State in the past; let us awake to the op- 
portunities of the present and the future. Let us develop our 
roadways for the benefit of our farmers and stock raiders, and let 
us remove the blot and stain upon the history of this State in 
allowing 60 miles of an impassable waterway to retard the prog- 
ress and advancement which should be ours. 

With this channel completed in two years, at a cost of about 
$5,000,000, and with our roadways developed into durable com- 
mercial highways as they should be, I can see an era of prosperity 
for this State which can not be measured in ordinary language. 
A prosperity which within one-half of a century would place 
this State as the premier State of the American Republic. 

—21 



642 DUNNE — JUDGE, MAYOR, GOVERNOR 



UPON REFUSING TO ISSUE CERTIFI- 
CATES OF ELECTION IN CERTAIN 
CASES. 

Statement to the Public, December 2-1:, 1914. 

While I have the absolute right, in accordance with the terms 
of section 78 of the chapter on elections relating to the canvass 
of election returns by the State Canvassing Board, or any two of 
them, in the Governor's presence, and pursuant to the opinion of 
the Attorney General of this State, to proclaim elected and issue 
certificates of election to Thomas F. Byrne as State Senator from 
the Eleventh Senatorial District, Joseph Strauss as State Senator 
from the Twenty-third Senatorial District, and Robert Howard 
as a Representative from the Thirty-fourth Senatorial District, 
I have determined, in view of the divergent opinions existing 
between the members of the State canvassing board as to tne per- 
sons who received the highest number of votes for said offices, 
not to issue any proclamations or certificates of election in said 
Senatorial Districts as to said offices, leaving the matter of such 
elections to be determined by the Senate and House of Represen- 
tatives, respectively, where the ballots can and should be opened 
and counted and the persons really elected can and should be 
definitely and surely ascertained and declared elected. 



DUNNE — JUDGE, MAYOR, GOVERNOR 643 



ON THE ISSUING OF ELECTION 
CERTIFICATES. 

Statement to the Public, December 29, 1914. 

On last Saturday, Mr. Masters of the Springfield Bar, repre- 
senting Mr. Joseph Strauss, Democratic candidate for Senator, 
called upon me to ascertain whether or not I would expedite the 
hearing of a mandamus case against me as Governor in connection 
with the senatorial contests, by signing certain papers that he 
would prepare. 

I suggested to him that he confer with the legal representa- 
tive of Mr. Austin, the Republican candidate for Senator, and 
that they both confer with the Attorney General to ascertain 
whether we could agree upon some method of finally disposing of 
the same in court expeditiously. 

Yesterday, the 28th instant, Mr. Masters, and Mr. M. J. Stein, 
representing Mr. Austin, called at my office in the effort to agree 
upon a plan for an early and final hearing of a mandamus suit 
against me in the matter of the issuance of certificates of election, 
and the proclamation of candidates. 

I informed them I was willing to expedite in every possible 
way the hearing of such a case in court, provided a final decision 
could be rendered binding on all parties within a few days. It 
was pointed out by Mr. Stein that if any mandamus proceeding 
was commenced against me as Governor by Mr. Strauss, that 
under section 7 of the Mandamus Act, Mr. Austin would have to 
be made a party defendant "upon his application," and that he, 
Austin, would ' ' appear and plead, answer and demur in the same 
manner as if he had been made defendant to the original peti-, 
tion," and that if a suit were commenced in the Circuit Court in 
Sangamon County against me as Governor that Austin would 
appear therein, and would pray an appeal, if any judgment was 
entered against me as Governor, to the Supreme Court. 

The right of Austin to appear in any such proceeding was 
conceded by Mr. Masters. It then became apparent that no final 
determination of the case could be had until the meeting of the 
Supreme Court in February, for the reason that any one defend- 
ant has the right to appeal, in which case, the appealing defend- 



644 DUNNE JUDGE, MAYOR, GOVERNOR 

ant, under section 97 of the Practice Act, "shall be permitted to 
remove such suit to the reviewing court by appeal or writ of 
error, as may be by law allowed, and for that purpose shall be 
permitted to use the names of all of the defendants, if necessary, ' ' 
and no final order could be executed in the Circuit Court of San- 
gamon County until the appeal was disposed of in the Supreme 
Court. In other words, it became apparent that no final disposi- 
tion of the proceedings in court could be had until after the 
Senate convened, and that nothing could be accomplished by any 
agreement between myself, as Governor, and the complainant if 
a mandamus suit were started against me. 



DUNNE — JUDGE, MAYOR, GOVERNOR 645 



FAVORS SIMPLIFIED SPELLING. 

Address to State Teachers' Association, Springfield, Illinois, 
December 29, 1914. 

Mr. Chairman, Ladies and Gentlemen: 

It gives me much pleasure to meet so many of the trained 
teachers of this State assembled at this convention. 

Because of your intelligence, superior education, and expe- 
rience in teaching you are well qualified in your deliberations to 
make recommendations in the interests of the education of the 
children of the State. Probably it is not for me to give sugges- 
tions, but I think I can appropriately speak a word of commenda- 
tion on one matter in which we have a common interest. 

I congratulate the teachers of this State upon having among 
their membership so many who are in favor of a simplified spell- 
ing movement. I believe that the movement initiated in your 
ranks, and it has been a puzzle to me why it has not made more 
distinct and positive progress. Probably the reason lies in the 
fact that adult men and women who have completed their educa- 
tion in spelling have become so inured to the old stereotyped 
forms that it has become second nature with them and difficult to 
shake it off. 

If it is started in the schools, however, the children educated 
in simplified spelling will adhere to it when they arrive at mature 
age, and the problem will be solved. It lies, then, with the teach- 
ers in the universities, normal schools, and common schools of 
the State to push this great reform. 

"Why should the child be compelled to memorize and retain 
all his life the inconsistencies and absurdities of our present 
spelling ? If the child has spelled a word according to its sound, 
why should the child be taught to tack on to the sound the useless 
"ugh"? Why should he be compelled to write "ph" instead of 
"f"? Why should he be compelled to write "ei" or "ie", 
"ea" or "ee" in such words as deceive, believe, retreat, discreet? 
Why not write the accented vowel in all of them? Why should 
he write succeed, but recede; proceed, but precede? 

The only argument against simplified spelling is that given 
by one of my children now in the high school. "If I have gone 



646 DUNNE — JUDGE, MxVYOR, GOVERNOR 

to all the trouble," said he, "of learning how to spell under the 
present st^^le, why should you simplify it? Other children under 
your new system would be relieved of all the labor that I was 
put to." This is the child's argument, but an unjust one. 

In the interest of children now growing up, simplified spell- 
ing should be taught both as a saving of labor on the part of the 
student and on the part of the teacher. 

1 believe that phonetic spelling, if adopted, would shorten 
the ordinary child's course in school at least one year. 

I congratulate you upon your efforts in this direction, and I 
hope that your efforts will be continued and more compre- 
hensive. 

' I wish you a most successful and productive convention. 



DUNNE — JUDGE, MAYOR, GOVERNOR 647 



WHAT HAS 1914 DONE FOR ILLINOIS? 

Statement to the Chicago Daily News, December 30, 1914. 

Nineteen Fourteen has secured for the State of Illinois : 

First. Reform in its penal institutions. In Pontiac, the boys 
no longer are beaten and battered, and overwork upon task work 
is a thing of the past. They are given one hour a day recreation. 
Regeneration rather than vengeance is the watchword of the 
State in dealing with its convicts. At Joliet and Chester, one 
hour recreation per day is given the men, and convicts are now 
employed building roads for the State, and are employed upon 
the penitentiary farms upon honor. To their credit, they have 
responded to the change of treatment. There have been few 
escapes, and an almost universal keeping of honor pledges. 

Second. Physical punishment of the boys and girls in the 
State School for Boys at St. Charles, and the State School for 
Girls at Geneva has been abolished. 

Third. The straight jacket and other instruments of physical 
restraint have been banished from the asylums of the State. For- 
bearance and kindly treatment has been substituted therefor. 

Fourth. The eight-hour day has been instituted in several 
institutions of the State. 

Fifth. The public utilities of the State have been placed 
under State control. Rebates, passes, and favors to public offi- 
cials and other favorites have been abolished. Discrimination in 
rates has been abolished, and the public utilities of the State are 
being compelled to give reasonable service at reasonable rates to 
the public. 

Sixth. A great and comprehensive start has been made in 
pulling Illinois ''out of the mud" and building decent highways 
throughout the State. 

Seventh. Adequate State levees have been constructed at 
Cairo, Shawneetown and Mound City, securing those cities against 
the floods which threatened to overwhelm and obliterate them in 
the year 1912. 

The year Nineteen Fifteen promises for the State of Illinois : 

First. The probable enactment of a law authorizing the con- 
struction of an eight-foot waterway between Joliet and LaSalle, 
thus opening up a waterway from the lakes to the gulf, of the 



648 DUNNE — JUDGE, MAYOR, GOVERNOR 

same depth now maintained in the Mississippi River and opening 
up a commerce in the Mississippi valley from the great lakes 
along the Illinois River to the Panama canal, insuring a lowering 
of railroad rates between the Mississippi valley and the Pacific 
coast. 

Second. The probable enactment of a law under which the 
State will have the right to examine into the reasonableness of 
fire insurance rates fixed arbitrarily by a combination of the 
great fire insurance interests of the State, and State regulation 
of these rates. 

Third. The opening up of the new epileptic colony at Dixon. 

Fourth. Developing an extension of the insane asylum at 
Alton. 

Fifth. Reorganization and concentration of many of the dif- 
ferent departments of the State which will result in efficiency 
and economy of government. 



DUNNE — JUDGE, MAYOR, GOVERNOR 649 



UPON DEVELOPING THE STATE 
MILITIA. 

Statement to New York Times, January 16, 1915. 

In answer to yours of the 13tli instant, would say that I be- 
lieve the states and the Federal Government ought to encourage 
the further development and increase of the militia of the differ- 
ent States. 

I do not believe that the American people favor, or will favor, 
a large standing army. The only alternative between a large 
standing army and unpreparedness for defense in the event of 
war is the establishment of a citizen soldiery. 

The major portion of the equipment used by the military of 
the several states is furnished by the Federal Government as a 
charge against allotment to states made by congressional appro- 
priation, and the military authorities of the state become responsi- 
ble therefor. This plan is good because it results in standardiza- 
tion of equipment. The state furnishes the arsenals and armories 
and bears the expense of maintaining her military force under the 
direction of the Governor as Commander-in-Chief, through his 
Adjutant General. 

From this cooperation between the state and Federal forces, 
there has arisen mutual obligation and responsibility and as the 
state forces are required, as closely as possible, to acquire the 
efficiency of the regular establishment, much additional prepara- 
tion and time and labor on the part of officers and men, in con- 
nection therewith, is now required. No compensation is paid 
the enlisted men except $1.00 per day while they are on their 
tour of instruction, which does not exceed twelve days annually. 
This period being admittedly insufficient to secure that high de- 
gree of efficiency desired, much additional time must be spent by 
officers and men through the year in securing military prepared- 
ness. This time is given to the state absolutely gratuitously and 
involves from one to three evenings a week. In this situation 
there has arisen the thought that if a man is Avilling to enter into 
a volunteer enlistment and sacrifice his time and many civilian 
interests in order to prepare himself to answer the emergency 
call of either his state or Nation, that equity would demand that 



650' DUNNE — JUDGE, MAYOR, GOVERNOR 

he be not penalized therefore by being compelled to pay froiu 
his own individual funds for the privilege. 

To the end that at least that burden should be lifted, I favor 
the enactment of a Federal law which will compensate these men 
at the rate of $1.00 per day for each day spent in drilling 
throughout the year, provided at least forty days during the 
fifty -two weeks are actually devoted by the men to military train- 
ing. I think if this additional inducement were given to the 
rank and file that the militia forces of the different states would 
be doubled within a very short time. 



DUNNE — JUDGE, MAYOR, GOVERNOR 651 



ON THE DISSOLUTION OF AN INJUNC- 
TION AFFECTING LIVE STOCK. 

Statement to the Public, February 1, 1915. 

I have just been informed that Judge Irwin has dissolved the 
injunction heretofore granted by him in the case of Norton 
against Dyson. 

The injunction should never have been granted. It has been 
very productive of hardships upon the farmers and stock raisers of 
this State. The physical effect of the injunction was not so 
serious but the moral effect was to induce farmers and stock 
raisers to believe that the State in advocating the slaughter of 
infected and exposed cattle was making a mistake and pursuing 
an unjustifiable policy. 

At the time this injunction was issued, there were not to 
exceed twenty-five affected herds in the State under quarantine 
and under consideration for slaughter. Since the issuance of 
the injunction, I am informed, many farmers acting in the belief 
that tiie injunction was properly issued, and that quarantine, and 
not slaughter of diseased and exposed animals was the proper 
course to pursue, have kept from the State and Federal veterin- 
arians knowledge of the existence of the foot-and-mouth epidemic 
in their herds, and have refused to agree to the slaughter of their 
herds upon an appraisal. 

There are today in the State of Illinois between fifty and 
sixty herds of cattle infected,, which should be slaughtered as 
soon as preparations can be made therefor. 

This mischievous injunction now being out of the way, I call 
upon all stock raisers and farmers in the State of Illinois to co- 
operate with the Federal and State veterinarians in maintaining 
the Federal quarantine which the State was constrained by this 
injunction to adopt, for the more effective eradication of the 

disease. 

At the earliest possible moment I hope to secure the consent 
of the Federal authorities in releasing from time to time the dis- 
tricts now under quarantine. I invoke their further cooperation 
in consenting to the slaughter of infected and exposed herds after 
an appraisal has been made. The consent to slaughter and dis- 
infection will effectively operate toward a condition where the 



652 DUNNE — JUDGE, MAYOR, GOVERNOR 

State and Federal authorities can from time to time safely lift the 
quarantine from those portions of the State where it is now in 
force. 

I shall, as I have heretofore announced, cooperate heartily 
with the Legislature in providing for an appropriation to compen- 
sate the owners of slaughtered herds for one-half of the value of 
the same, the Federal Government already being on record in 
favor of compensating for the other half. 

I can assure the stock raisers of the State of my hearty sym- 
pathy with such an appropriation. 



DUNNE — JUDGE, MAYOR, GOVERNOR 653 



PUT THE UNEMPLOYED ON ILLINOIS 
WATERWAYS. 

Address to Elks Club, Chicago, February 6, 1915. 

Mr. Chairman [and Gentlemen : 

One of the most important problems confronting modern 
society is the problem of the unemployed. 

At the present time, and during every winter in the large 
cities of the Nation many men and women are found to be out of 
work, and any expedient that can be devised to bring legitimate 
work to the unemployed is worthy of the closest attention. I 
believe that the State of Illinois is at the present time in a condi- 
tion to relieve much of this distress, and at the same time carry 
out a great public improvement which is absolutely necessary and 
essential to the further development of this State; 

Between Chicago and Joliet we have a great waterway, the 
Sanitary district canal, 22 feet in depth and with an enormous 
capacity for commerce. Between Joliet and LaSalle for 65 
miles, we have a waterway available only to prehistoric canal 
boats drawing four feet of water. Between LaSalle and Grafton, 
where the Illinois River enters into the Mississippi River, we have 
a splendid waterway of 232 miles that, without dredging, aver- 
ages seven feet in depth, and between Grafton and Cairo, the 
Mississippi River has a channel eight feet in depth. The only 
obstacle to a tremendous commerce by self-propelling and tow 
barges, capable of carrying from one to two thousand tons, be- 
tween Chicago and the great lakes at one end and the Gulf 
of Mexico at the other end, is the 65 miles of inadequate and 
undeveloped waterway between Joliet and LaSalle, which acts as 
a stone wall in the way of commerce. 

Such being the situation, I traveled on a barge down the 
old Illinois and Michigan canal from Joliet to LaSalle last sum- 
mer, and invited four eminent and experienced engineers to ac- 
company me on the trip. Prior to that time, different engineers 
in the State had been advocating a waterway, some of them in- 
sisting upon a 14-foot channel, and others insisting upon a greater 
depth. 

During the trip down the canal, I suggested to the engineers 
who accompanied me that the channel in the Mississippi River 



654 DUNNE — JUDGE, MAYOR, GOVERNOR 

from Grafton to Cairo was only eight feet in depth and that Fed- 
eral engineers liad reported adversely against the practicability 
of a greater depth and suggested the propriety of devising some 
engineering scheme which would give the people an eight-foot 
depth in a waterway between Joliet and LaSalle without fore- 
closing the further development and deepening of this channel to 
a further depth, if the time should ever come in the development 
of engineering when a greater depth could be produced in the 
Mississippi River. As the result of this suggestion, these different 
engineers who prior to that time had been advocating differing 
depths and projects, finally agreed in a written report to me, 
signed by all of them, that a dam could be built across the Illinois 
River at Starved Rock, near LaSalle, and, by the construction of 
certain locks in the Illinois River and in a portion of the old canal, 
that a waterway could be successfully completed between Joliet 
and LaSalle, eight feet in depth at a cost of about $3,075,000. 

This project, they reported, could be completed within two 
years at this moderate cost, and I have, therefore, recommended 
to the Legislature the passage of a bill appropriating not to ex- 
ceed $3,500,000 for the furtherance of this sane and sensible proj- 
ect. I know of no scheme of more momentous importance to 
the State of Illinois than the building of this 65 mile waterway 
between Joliet and LaSalle at this depth of eight feet, utilizing 
the Illinois River for 45 miles and the old Illinois and Michigan 
canal for 20 miles. 

The Panama canal is now open to the commerce of the world. 
New Orleans is about 900 miles nearer to that canal than New 
York, Boston, or any other of the eastern seaports. Since the 
opening of the Panama canal, freight rates between New York 
and San Francisco by waterway are found to be considerably 
cheaper than rail rates across the continent. As a result the 
trans-continental railroads have been compelled to cut their rates, 
but in cutting these rates they have confined the cuts to the terri- 
tory east of the Alleghenies and west of the Rocky IMountains, 
leaving the rates for the great Mississippi valley iTudisturbed. 
The rates in the Mississippi valley have not been lowered, because 
we have no competition from waterways. If the 65 miles of 
waterway between Joliet and LaSalle were finished and open to 
commerce, we then could transport our merchandise from the 
great lakes down the Illinois River and Mississippi River to the 
Gulf of Mexico and get even better waterway rates than now 
prevail between New York and San Francisco. As the result of 
cutting of the railroad rates on the transcontinental lines east 
of the Alleghenies and west of the Rocky Mountains, the Saturday 
Evening Post, a few weeks ago called attention to the fact that 



DUNNE — JUDGE, MAYOR, GOVERNOR 655 

trade was being diverted from as far wxst as the states of Indiana 
and Ohio to New York, and thence placed on shipboard and trans- 
ferred to the Pacific coast. 

If this 65-mile gap in the waterway between Chicago and 
New Orleans were open, all of this trade, now going to the eastern 
seaboard, would go by water from Lakes Erie and Ontario 
through the Detroit and St. Clair Rivers to Chicago and thence 
down the Illinois and Mississippi Rivers. 

Colonel E. S. Conway of W. W. Kimball & Co., declared 
recently in' a public address that, if an eight-foot channel was 
opened between Joliet and LaSalle, freight rates from Chicago 
to New Orleans would be reduced from $1.10, the present rate, 
to $0.40 per hundred. Other manufacturers and merchants who 
are extensive shippers of merchandise are of the same opinion, 
The Illinois River, as a waterway in transporting capacity, is equal 
to the River Rhine in Germany. The Illinois River for 232 miles 
has a depth today without dredging of 7 feet. The distance 
between Chicago and the Mississippi River along the drainage 
canal and the Illinois River is 327 miles, and there is a depth of 7 
feet or over during the whole of its course excepting the 65 miles 
between LaSalle and Joliet. 

The River Rhine is 355 miles long between the Dutch frontier 
to Strassburg ; its depth varying from 9 and 8-10 feet to 4 feet 
In the year 1908, 54,000,000 tons of merchandise were trans- 
ported up and down this river. I am satisfied that, if this gap 
of 65 miles in the waterway between Chicago and New Orleans 
was developed to an 8-foot depth, a greater commerce would ply 
between Chicago and New Orleans annually than is now carried 
up and down the Rhine. 

Thousands of men are now out of employment. A tremen- 
dous potential commerce lies at our door. This commerce should 
come, first, from the immediate banks of the Illinois and Missis- 
sippi Rivers ; second, from the tributaries of those rivers ; third, 
from the great lakes ; and fourth, from the Gulf of Mexico. In 
my judgment, with such opportunities before us, to fail to take 
advantage of them, is almost criminal. 

In view of the fact that thousands of men are out of employ- 
ment and that this work is so easy of accomplishment and can be 
completed at such a moderate cost within the next two years, 1, 
therefore, urge with all the emphasis of which I am capable that 
now is the time and now is the opportunity for the development 
by our great State of this waterway, and that it will not only 
give employment to the unemployed at present but that its com- 
pletion will furnish opportunities for future employment in the 
commerce that will inevitably develop as the immediate result 
thereof. 



656 DUNNE — JUDGE, MAYOR, GOVERNOR 



LINCOLN AND ILLINOIS. 

At the Lincoln Day Banquet, Springfield, Illinois, February 

12, 1915. 

Mr. Toastmaster, I^adies and Gentlemen: 

The Lincoln Centennial Association has but one mission and 
object — to perpetuate and do honor to the memory of the greatest 
of Illinoisans and one of the greatest of Americans, the immortal 
Lincoln. 

With that end in view, each year since its organization it 
has gathered around its banquet board the greatest of living men, 
vrho have deemed it an honor to be invited to discuss the life, 
the virtues and the accomplishments of the great Emancipator. 
Presidents, Foreign Ambassadors, Senators, orators, poets and 
divines have, around this board and in this hall, honored the 
association and themselves by paying tribute to the man whose 
name and fame are honored and beloved in every nation and in 
every clime on the civilized earth. 

With the same object in view, we are again gathered tonight. 
We Illinoisans are proud of the history and progress of this great 
State. 

We are proud that it was on the soil of Illinois that the 
gentle Pere Marquette made most of his important discoveries 
and planted the cross of Christianity in 1673, his mission being 
one for the salvation of souls and not the subjugation of the 
bodies of men. 

We are proud of the achievements which LaSalle and Joliet, 
Tonti and Hennepin accomplished on Illinois soil. 

We are proud of the fact that the hardy pioneers who dwelt 
in the wilderness around Kaskaskia in what is now the State of 
Illinois, anticipated, in 1771, the demands of the colonists in Mas- 
sachusetts, New York, Virginia and the rest of the 13 colonies 
when they repudiated Lord Dartsmouth's "Sketch of Government 
for Illinois," as "oppressive and absurd," and declared, "should 
a government so evidently tyrannical be established, it could be 
of no duration. There would exist the necessity of its being 
abolished." This declaration of independence antedates that of 
1776 in Philadelphia by five years. 

We are proud of the fact that on Illinois soil took place, on 
July 4, 1778, the struggle resulting in the capture from the Eng- 



DUNNE — JUDGE, MAYOR, GOVERNOR 657 

lish by George Rogers Clark of the fort of Kaskaskia, which 
wrested forever from the British crown all of the territory west of 
Pennsylvania lying between the Ohio and Mississippi Rivers. 

"We are proud of the fact that it was on the soil of Illinois 
that its two intellectual giants argued out before the people sit- 
ting as a jury the greatest moral issue that this country has ever 
faced — the issue as to whether this country could long endure as 
a republic with human slavery legally enforced in one part of it, 
and legally prohibited in another. 

"We are proud of the fact that that great issue, as the result 
of that great debate, was finally settled right in the awful arbitra- 
ment of war under the leadership of the great commander fur- 
nished by Illinois in the Nation's crisis, backed by the valor of 
256,000 sons of Illinois. 

We are proud of the place that Illinois has taken within 
the first century of its existence as a st^te among the states of 
the Union. 

We are proud today that the comparatively young State of 
Illinois has distanced all of her sisters, excepting two, in popula- 
tion, wealth, manufacture and political importance, that she 
stands first in agricultural wealth, first in the fertility of her 
soil and first in railway development, and when we have opened 
up a waterway over the sixty miles of rock between Joliet and 
LaSalle and thus given to the people of the Mississippi valley a 
continuous commercial waterway from Buffalo, New York, and 
Duluth, Minnesota, to the Gulf of Mexico, we will be proud to 
boast of Illinois as the premier state of the Union in commercial 
importance. 

But above and beyond all, the State of Illinois is proud of 
the fact that she gave to the Nation and to the world Abraham 
Lincoln, the great Emancipator. 

Four men who have reached the Presidency of this great 
Republic stand out among the fellow presidents as Titanic figures 
in American history — Washington, the ideal patriot; Jefferson, 
the ideal statesman; Jackson, the ideal citizen-soldier; and Lin- 
coln, the ideal humanitarian. 

To honor the last but not least of these we are gathered here 
tonight. It does not rest with me in ray feeble words to do this 
appropriately. Other men better qualified will follow me to 
wiiom will fall that pleasing and important task. 



658 DUNNE JUDGE, MAYOR, GOVERNOR 



BIENNIAL MESSAGE TO THE FORTY- 
NINTH ASSEMBLY. 

To THE Forty-ninth General Assembly, February 17, 1915. 

To the Members of the Illinois General Assembly: 

In compliance with the constitutional provision, requiring the 
Governor, at the commencement of each session, to give to the 
General Assembly information, by message, of the condition of 
the State and to recommend such measures as he may deem 
expedient, I submit the following matters for your consideration ; 

WATERWAYS. 

For many years past there has been in this State an emphatic 
demand for a waterway between Chicago and the Gulf of Mexico. 
The practicability of such a waterway was noted by Pere Mar- 
quette when he first discovered the portage between the Chicago 
River and the DesPlaines River centuries ago. Its practicability 
was further noted by the early pioneers of this State, and the 
boundary lines of the State were fixed upon its admission to the 
Union of States so as to provide for this waterway. 

The Congress of the United States deeded lands of immense 
value to the State of Illinois for the purpose of creating this 
waterway. In the early history of the State, a cut was made and 
a canal constructed, connecting the south branch of the Chicago 
River wuth the Illinois River, which was for many years success- 
fully used in commerce. As the years rolled bv, however, it 
bt-came apparent that the canal then constructed was totally 
inadequate to meet the demands of advanced, modern transpor- 
tation. The age of steam and gasoline has rendered obsolete 
the boats, locks and waterways of the early part of the nineteenth 
century, and the Illinois and Michigan canal has rapidly fallen 
into disuse. As the result, in recent years, the demand for an 
adequate waterway between the Great Lakes and the Mississippi 
River has become insistent. 

On November 3, 1908, the people of the State by popular 
vote amended the Constitution so as to permit the issuance of 
not to exceed $20,000,000 worth of bonds to be used in the con- 
struction of an adequate waterway, and in the erection, equipment 



DUNNE JUDGE, MAYOR, GOVERNOR 659 

and maiutenance of power plants, locks, bridges, dams and ap- 
pliances. 

Divers plans for the development of a waterway between 
Lockport and Utica have been formulated and discussed before 
the public, but the different Legislatures of the State have never 
succeeded as yet in formulating a law for that purpose, and plac- 
ing it upon the statute books. 

In my judgment, the time has arrived for prompt action. The 
Panama canal has been opened to the commerce of the world. 
As the results thereof, the cost of transportation between the 
eastern and the western seaboard has fallen much below the 
rates heretofore charged by the railroads. As a result, freight 
traffic is now being attracted from as far east as the states of 
Ohio and Indiana to the eastern seaboard by railroad and thence 
by waterway transportation to the western coast of the United 
States. Where such competition exists, railroad rates will proba- 
bly be lowered, and where no competition exists, railroad rates 
will probably remain as they now are. 

If an adequate waterway were opened between Lake Michi- 
gan and the Gulf of Mexico, an immense commerce would, in my 
judgment, develop between points on the Illinois River and 
points at or near the Great Lakes through the Sanitary District 
Canal from Chicago to Lockport and thence through a waterway 
from Lockport to the Mississippi River. At the present time, a 
navigable depth of over seven feet exists normally for a distance 
of 262 miles out of a total of 327 miles between Chicago and the 
Mississippi River. Sixty-five miles between LaSalle on the Illi- 
nois River and the Chicago Drainage Canal at Lockport is now 
limited to a draft of four and one-half feet through the old fos- 
silized Illinois and Michigan Canal, with its inadequate locks con- 
structed three-quarters of a century ago. A channel of eight 
feet in depth now maintained in the Mississippi River from 
Cairo to St. Louis wdth no early prospect of being further deep- 
ened. If an eight-foot depth could be provided for an adequate 
waterway in the Illinois River and a portion of the Illinois and 
Michigan Canal between the cities of Utica and Lockport, we 
would have a Avaterway of eight feet in depth from Chicago to 
the Gulf of jMexico. 

Such being the situation. I invited, last summer, the eminent 
engineer, Lyman E. Cooley, and E. J. Kelly, Assistant Chief En- 
gineer of the Sanitary District of Chicago, Walter A. Shaw, 
engineer member of the Illinois Public Utilities Commission, and 
LeRoy K. Sherman, engineer member of the Illinois Rivers and 
Lakes Commission, to accompany me down the Illinois and Mich- 
igan Canal from Joliet to LaSalle. On that trip of inspection, 



660 DUNNE — JUDGE, MAYOR, GOVERNOR 

these gentlemen and myself examined the physical condition of 
the Illinois and Michigan Canal and the Illinois and DesPlaines 
Rivers between Joliet and LaSalle, and as the result of that in- 
spection and after a careful inquiry into the practicability of at 
least an eight-foot channel between Joliet and Utica, these gen- 
tlemen have reported, in writing, several schemes or projects 
for the construction of an eight-foot waterway between Utica and 
Joliet. One of these schemes or projects, known as project No. 3, 
they have unanimously endorsed as being entirely feasible and 
capable of construction within two years at a cost of $3,075,000. 
It contemplates the use of the Illinois River for approximately 
45 miles and the development and enlargement of about 20 miles 
of the Illinois and Michigan Canal. A copy of this report which 
has been endorsed by the Rivers and Lakes Commission of this' 
State will accompany this message, and I herewith recommend it 
to you for careful examination. 

I am convinced that the scheme is entirely feasible that, con- 
sidering the immense advantages to be obtained therefrom, it is 
exceedingly economical, and that it possesses the advantage of 
not, in any way foreclosing or preventing the creating of a deeper 
waterway hereafter, if a deeper waterway can be secured in the 
Mississippi River. If the science of engineering in the future will 
be able to bring about a greater depth in the Mississippi River 
than the eight feet which now exists, such depth can also be se- 
cured in the proposed channel without in any way impairing the 
efficiency of the work done under project No. 3. In other words, 
the construction of this channel in the Illinois River and the Illi- 
nois and Michigan Canal between Utica and Joliet will open up 
within two years, if constructed, a splendid waterway of eight 
feet in depth from Chicago to the Gulf of Mexico, at a cost of 
$3,075,000 or thereabout, and give to the people of this State, as 
well as those tributary to the Great Lakes, a commerce to New 
Orleans and the Panama Canal. 

I would further call the attention of the Legislature to the 
fact that, if this waterway be constructed as outlined in project 
No. 3, $1,000,000 is available in the treasury of the United States 
for the dredging and deepening of the Illinois River to an eight- 
foot depth between Utica and the mouth of the Illinois River 
where it enters into the Mississippi River. Project No. 3 has 
b^en investigated by such influential bodies as the Association of 
Commerce, of Chicago, Joliet, LaSalle, Peoria, and other cities 
and towns along the Illinois and Mississippi Rivers, and, so far 
as I am informed, it has their unanimous approval. 

I therefore recommend the passage of a law providing for the 
construction of a channel, as recommended by these engineers. 



DUNNE — JUDGE, MAYOR, GOVERNOR 661 

aud authorizing the issuance of bonds not to exceed in amount 
the sum of $3,500,000. 

KEGULATION OF FIRE INSURANCE RATES. 

Complaints of excessive rates in fire insurance premiums and 
01 combinations between fire insurance companies to prevent com- 
petition in the establishment of reasonable rates in this State have 
reached me for some time past. 

In the spring of 1914 I instructed' the Insurance Superin- 
tendent, Hon. Rufus M. Potts, to make an investigation into the 
subject, the result of which investigation he has embodied in a 
comprehensive report, to which I respectfully request your 
earnest attention. 

In substance, this report declares that there exists a wide- 
spread and comprehensive combination among the fire insurance 
companies doing business in the State, and their annexes and 
rating organizations and appendages, the effect of which has been 
to stifle competition and to establish in many lines of insurance 
unreasonably excessive rates of premiums such rates being in ex- 
cess of rates established and charged in other states, although 
the State of Illinois is favorably situated in reference to fire 
insurance risks. 

The report discloses, as the result of investigation into prem- 
iums paid and losses sustained, that, for twenty years past, the 
insured citizens of this State have been paying for insurance 
premiums approximately twice as much as has been paid to the 
insured for fire losses. The report also states that the profits 
earned by the insurance companies upon their capital stock have 
been enormous, amounting in some cases to over 100 per cent. 

The report shows that, owing to the fact that it is impossible 
to obtain the dividend figures of European companies, the total 
profit percentage of all companies doing business in the State 
cannot be calculated. This can be done, however, for companies 
domiciled in the United States. The average profit percentage of 
these companies for 1913, exclusive of dividends, as shown by this 
report, was 32.8 per cent. They paid an average dividend of 12.3 
per cent, so that the total annual profit for 1913 of all the Ameri- 
can fire insurance companies doing business in Illinois, as stated 
in the report, was 45.1 per cent of their capital stock, which is 
enormous and unreasonable. 

The fire insurance companies dispute the conclusion of the 
report in some particulars, but there are sufficient facts set forth 
in said reports to justify me in reaching the conclusion that the 
time has come, in the history of the State, for effective control by 



662 DUNNE JUDGE, MAYOR, GOVERNOR 

the State of the rates charged for fire insurance. Legislation 
along this line is imperative. I have been in correspondence and 
in conference with representatives of the tire insurance interests 
of the State in the endeavor to agree upon the outlines of a law 
under which the State shall be empowered to make a thorough 
and exhaustive examination into the rates charged for fire in- 
surance, and to enable the State further, if it is found that such 
rates are unreasonable and excessive, to fix and proclaim jtist and 
reasonable rates, which shall be charged in the future by all the 
fire insurance companies doing business in this State. 

I am pleased to announce that gentlemen, representing very 
important and influential fire insurance interests of the State, have 
declared their willingness to cooperate w4th the Insurance Super- 
intendent and his legal staff in and about drafting a bill, under 
wliich the right of the State to make such investigations and to fix 
such rates is recognized, and that they are willing to ha\e such 
provisions incorporated in a law to be enacted by this Legislattire. 
The Insurance Superintendent and his counsel and the counsel 
for these insurance interests have been engaged for some time 
past in endeavoring to agree upon the details of such a bill. If 
such an agreement is reached, such a bill will be presented to this 
Legislature for its action. Should they not agree upon the details 
of the bill, one will be presented to the Legislature by the Insur- 
ance Superintendent, embodying the fundamental principles of 
investigation and regulation by the State, hereinbefore referred 
to, and such other provisions as may be agreed upon between 
the insurance interests and the Instirance Superintendent, leav- 
ing the other details of the bill, which may not be agreed upon, 
to the careful consideration of this Legislature. Such a law is 
now in force in the State of Kansas, and has been pronounced 
valid and constitutional by the Supreme Court of the United 
States in the case of the German Alliance Insurance Company v. 
Lewis, decided April 20, 1914. 

In that case the court held that "the business of insurance so 
far affects the public welfare as to invoke and require govern- 
mental regulation." * * * "In assimilation of insurance to 
a tax, the companies have been said to be the mere machinery by 
which the inevitable losses by fire are distributed, so as to fall 
as lightly as possible on the public at large, the body of the in- 
sured, not the companies, paying the tax;" and again in the same 
case, the court declares that fire insurance has "become clothed 
with a public interest, and, therefore, subject to be controlled by 
the public for the common good." 



DUNNE — JUDGE, MAYOR, GOVERNOR 663 

1 earnestly recommend the passage of a bill providing for 
such investigation and regulation in the interest of the citizens 
of Illinois. 

Insurance Superintendent Potts in his report, after an ex- 
haustive examination into insurance conditions, has made certain 
recommendations with reference to the codification and amplifica- 
tion of the general insurance laws of this State to which I hereby 
direct your earnest attention. 

AMENDMENT TO THE AMENDING CLAUSE OF THE CON- 
STITUTION OF 1870. 

The Constitution adopted by this State in the year 1870 is in 
many respects an admirable instrument. Its bill of rights is broad 
and comprehensive, and its distribution of powers of government 
is in accord with the fundamental laws of most of the states 
of the Union. 

In the march of events, however, it has been found that some 
few amendments are advisable. So proud of their work were the 
framers of this Constitution that they framed the article relating 
to amendments of the Constitution in such a way as to make 
amendments to the Constitution most difficult, by declaring that 
"The General Assembly shall have no power to propose amend- 
ments to more than one article of this Constitution at the same 
session, nor the same article oftener than once in four years." 
This provision is archaic, inelastic, and unduly onerous. It is so 
restrictive as at times to operate in practice as a prohibition 
against amendment. This amendment should be amended so as 
to permit at least three different articles to be amended at the 
same session. 

Because of the difficulty in amending the present Constitution, 
some sentiment exists in favor of the adoption of a new Constitu- 
tion. Whether a new Constitution is adopted or not, in my judg- 
ment, the amending clause of the present Constitution should be 
amended. The amendment of the amending clause could be 
amendment of the present Constitution, the much needed amend- 
ments of the present Constitution to be adopted thereafter. A 
new Constitution cannot be adopted by the people in the ordinary 
course of such matters within five or six years. 

What the new Constitution, when framed may be, and 
whether the people will approve of it or not, cannot be known. 
In the meantime we must proceed, before the adoption of a new 
Constitution, upon the lines of the old Constitution, and that Con- 
stitution should be amended, in its amending clause, so as to 



664 DUNNE — JUDGE, MAYOR, GOVERNOR 

permit the people to suggest amendments from time to time to 
meet the demands of modern progress in legislation. 

If a new Constitution be framed and submitted to the people 
and disapproved, we should have our present Constitution in 
such shape as to permit it to be more readily amendable than 
at the present time. If a new Constitution is adopted after the 
amendment of the present Constitution, the much needed amend- 
ment heretofore suggested would not operate in any way to 
interfere with a new Constitution, as the present Constitution, 
and all amendments thereto would be displaced by the new Con- 
stitution. 

Whatever action be taken in reference to a new Constitution, 
I, therefore, recommend the amendment of the amending clause 
of the present Constitution as hereinbefore suggested. 

In the past the struggle between the advocates of the in- 
itiative and referendum and the advocates of revenue reform for 
paramount recognition have operated to prevent the adoption of 
either. With the amending clause amended, as suggested, it 
will open the way Por an early amendment of the Constitution 
along the lines of revenue reform, the initiative and referendum, 
and other necessary amendments, all of which could be voted for 
at the same session and submitted to the people at the same 
election. 

EEDISTRICTING OF SENATORIAL AND CONGRESSIONAL 

DISTRICTS. 

SENATORIAL. 

The Constitution provides that ' ' The General Assembly shall 
apportion the State every ten years into 51 senatorial districts, 
each of which shall elect one Senator and three Representatives. 

The last senatorial apportionment was made in the year 1901. 
The new senatorial apportionment should have been made, pur- 
suant to the Constitution, in 1911. Nearly four years have elapsed 
since the senatorial apportionment should have been made. 

I, therefore, recommend, in compliance with the Constitution, 
that the Legislature reapportion the senatosial districts of the 
State. 

CONGRESSIONAL. 

The last congressional apportionment in this State was made 
on May 13, 1901. Since that time Illinois has become entitled 
to two additional Congressmen, who are now elected in the State 
at large. 

A new congressional apportionment should also be made at 
this session to provide for 27 congressional districts. 



DUNNE JUDGE, MAYOR, GOVERNOR 665 

COST OF ELECTIONS. 

Elections for city, village, township, school districts, counties 
and State are unnecessarily frequent and too costly. In the 
city of Chicago alone a single primary election costs $275,000 
and a single final election $320,000. 

I would respectfully recommend the passage of bills requiring 
all city, village, township and school elections to be held on the 
same day, and have only one such election every two years, and 
that all county, State, congressional and national elections should 
be held upon the same day every two yars. If the State, county, 
congressional and national elections are held in the even year, 
the city, village, township and school elections might be held in 
the odd year, thus having only one election day each year. 

This will considerably reduce both the cost and number of 
elections and be for the public interest. 

I further recommend that elections for all judicial offices be 
held on a date when no other officials are voted for. The primary 
election for judges might, however, be held on the same day as a 
general election, had for other offices. 

Legislation should also be enacted cutting down the number 
of elective offices where possible, thus shortening the ballot and 
providing for the rotation of names of candidates upon the ballot 
at all elections for all offices. 

I further recommend that, at all primary elections, each 
candidate be compelled, on filing his application, to pay to the 
clerk, where such application is filed, a filing and printing fee 
sufficient to cover the cost of printing, at least one page of printed 
matter, relating to his candidacy, and that said clerk cause to 
be printed and paid for out of such fee copies of such page of 
printed matter to the amount of twice the number of legal voters 
in the district from which said applicant is a candidate, said 
copies to be delivered to the applicant, before the nomination, 
for distribution by him or mailed to all vol^ers by said clerk 
upon such candidate paying the cost of the postage thereof, and 
that all candidates be limited in their election expenditures to a 
reasonable amount over and above the cost of such distribution 
of such printed matter. Probably twenty per cent of the legal 
salary, paid to the incumbent of the office should be the maximum 
of expenditure to be permitted. 

The election laws should also be amended so as to provide 
for a report of a candidate's expenditures within a reasonable 
time after the election and before he be permitted to assume 
the duties of his office, with effective penalties for violation of 
the law. 



666 DUNNE — JUDGE, MAYOR, GOVERNOR 

STATE PUBLIC UTILITIES COMMISSION. 

The State Public Utilities Commission closed the first eleven 
months of its administration on November 30. 1914. During that 
time, the commission was organized, its work systematized, and 
the administrative, engineering, accounting, rate, and service 
departments were built up to such a state of efficiency as the lim- 
ited time and the means at the disposal of the commission would 
allow. The present working force of the commission, attorneys, 
engineers, accountants, statisticians, experts, inspectors, clerks, 
stenographers, etc., numbers seventy-three persons. The Illinois 
Public Utilities Law is probably the most comprehensive measure 
of its kind ever enacted, and the duties and powers of the Illinois 
Commission are probably more numerous and greater than those 
of any similar commission. The multiplicity, variety, and im- 
portance of matters coming before it during this period of organi- 
zation have been so great as to tax to the utmost its ability to 
investigate, hear, and dispose of the cases. 

During the eleven months, there were tiled 1,278 formal com- 
plaints and petitions, all of which called for investigation and 
public hearings, and a finding by the commission. In 924 of these 
cases formal orders were entered. There were also brought to 
the attention of the commission during this same time about 500 
informal complaints, covering almost every conceivable matter 
about which complaint could be made, some 400 of Avliich have 
been investigated and disposed of informally by correspondence 
or conference. In addition to the above, the commission has ap- 
proved 1,160 leases, made by utility corporations. Orders were 
issued in sixty-five stock and bond cases, authorizing the issue of 
$176,917,304 par value, of stocks, bonds, and notes. On December 
15, 1914, there were pending, applications for authority to issue 
securities of the par value of $262,185,258. On December 22 a 
majority of the pending applications for authority to issue securi- 
ties had been heard. The amount of fees paid into the State 
Treasury for authorities granted up to this time was $505,202.78. 
The total receipts of the commission at this time was $510,173.89. 
The total amount of appropriation expended to maintain the 
commission was $118,548.14. 

The beneficent effects of the operation of the Utilities Law 
are already apparent on every hand. Discriminations in rates 
and service have been eliminated, and it may now be said that 
strict rate uniformity prevails among all the utilities of the State. 
The question of rates has probably been most often brought to 
the attention of the commission ; for while rates and service 
are fundamentally joined in almost every ease, the majority of 



DUNNE — JUDGE, MAYOR, GOVERNOR 667 

complaints coming to the commission thus far have found their 
expression in terms of rates. In a number of smaller communi- 
ties settlements have resulted in substantial reductions in rates. 
In some of the more important cases the determination of reason- 
able rates has necessitated the making of property valuation, 
which requires much time and labor. 

Standards of service to govern gas and electric utilities have 
been established by the commission, and service inspectors are 
now at work inspecting the quality of service furnished by the 
various utilities of the State. 

One of the main objects, sought by the Legislature, in the 
establishment of the Utilities Commission was to secure to the 
people of the State adequate service at reasonable rates, and the 
commission in all its acts has ever kept before it this condition, 
and has sought to accomplish and is accomplishing this great 
purpose, for which it was created. 

While the operations of the commission have been satis- 
factory throughout the entire State, including Chicago, and while 
there seems to be no sentiment, at the present time, in favor of 
local commissions to regulate intraurban utilities down the State 
outside of Chicago, there is considerable sentiment in that great 
city in favor of a local ancillary commission, to take charge of 
and control the intraurban municipal utilities of that city, and I, 
therefore, favor the creation of such an ancillary commission 
for the city of Chicago to take charge of and control the intraur- 
ban utilities of that city. 

TRESPASSERS UPON RAILROAD RIGHT-OF-WAY. 

During the years 1911, 1912 and 1913, 1,497 lives were lost 
and 1,470 persons were maimed while trespassing upon railroad 
right of way in the State of Illinois. 

The number of trespassers on railroad right-of-way, killed 
and injured, is increasing year by year. In 1913 alone, 510 tres- 
passers M-ere killed and 521 were injured in this State. 

In the interest of the protection of human life and limb 
rather than protection to railroad interests, I believe that a law 
should be enacted making trespassing on railroad property a mis- 
demeanor. It is now merely an infraction of civil rights. Such 
a law would tend to discourage trespassing and result in the 
saving of life and limb. 

LEGISLATIVE REFERENCE BUREAU. 

By an act, effective July 1, 1913, the Forty-eighth General 
Assembly created the Legislative Reference Bureau, of which 1 
became ex officio chairman, and upon which was imposed the duty 



668 DUNNE JUDGE, MAYOR, GOVERNOR 

of collecting, classifying, and indexing information which may be 
of value to the Legislature in considering and constructing leg- 
islation. 

You will find that this work has been diligently prosecuted 
and there is at your disposal, as a result of the work of eighteen 
months, a large collection of classified data upon most of the sub- 
jects which will come before you. 

The methods of this bureau have been modeled after similar 
bureaus in New York, Pennsylvania, Connecticut, Wisconsin, and 
other states. 

Perhaps the most important duty imposed upon the Legis- 
lative Reference Bureau is the preparation of a detailed budget 
of the appropriations which the officers of the several depart- 
ments of the State government report are required for their sev- 
eral departments for the next biennium, together with a compara- 
tive statement of the funds appropriated by the preceding Gen- 
eral Assembly for the same purpose. This task has been care- 
fully and most completely accomplished. A classification of- 
accounts has been prepared after a study of the best public ac- 
counting practice and, for the first time in the history of Illinois, 
the State Legislature will be furnished early in the session with 
full information concerning the money asked to be appropriated, 
particularly as to whether the amount sought is an increase or 
decrease over preceding appropriations, and as to the definite 
purpose for which the money is to be used. Estimates have 
been made of the revenue from all sources which may be counted 
upon in the next two years, so that an intelligent comparison of 
proposed expenditures with income may be made by every mem- 
ber of the General Assembly. 

PRISON REFORM. 

Prison reform in Illinois in past years has not kept pace with 
the progress in the management of our other institutions. In my 
experience as a judge on the bench, I have been given an insight 
into the workings of our criminal laws, which has created in me 
sincere pity for the man who has gone wrong and an earnest 
desire that the punishment, inflicted by the State, shall not need- 
lessly degrade him and rob him of all ambition, but rather shall 
assist and lend encouragement to his efforts toward rehabilitation. 

To this end I have lent my influence, in the prison adminis- 
tration of the State, to the introduction of more humane methods 
of dealing with offenders, and the establishment, so far as found 
practical, of the honor s^^stem. 



DUNNE JUDGE, MAYOR, GOVERNOR 669 

Real progress has been made in all the penal institutions in 
this direction. In the Illinois State Reformatory, at Pontiac, 
corporal punishment has been eliminated and a policy of severe 
restrictions has been replaced by the elimination of the task sys- 
tem of enforced work under penalty and the substitution of the 
piece work system with rewards for proficiency; the allowance 
of one hour's recreation each day for all inmates and the de- 
velopment of institution athletic teams, a drill corps, and frequent 
entertainments. In each of the penitentiaries, recreation periodsf 
have been instituted and repressive rules have been changed to 
extend to inmates privileges which make for greater self-respect 
and tend to reform rather than degrade. The result of these 
changes has fully met expectations. 

The improvement so far made should be continued and Illi- 
nois should do its part toward assisting in the scientific research 
into the causes of crime which is now engaging the attention of 
many other states and learned societies. It would be of great 
value to the prison wardens and to the Board of Pardons to have 
the advice of trained psychologists as to the mental condition, 
the IrustAvorthiness, and the possibilities of reform of the in- 
mates, to guide them in extending liberties and in granting 
paroles. This, not with the idea of extending leniency toward 
defectives, but rather in order that those who are incapable of 
living honestly, if set free, may be detained in custody and those 
who possess the possibilities of successful careers in honest occu- 
pations may be given encouragement and another chance. 

For these reasons, I recommend to your careful consideration 
measures, seeking to provide for the prisons the assistance of a 
psychological laboratory for the study of criminals and the causes 
of crime, and would suggest that provisions be made for co- 
operation between such laboratory, if it be established, and the^ 
psychopathic laboratory of the State hospital service now main- 
tained at Kankakee. 

PUBLIC CHARITIES. 

Upon the public charities of the State a greater proportion of 
our revenue is expended than on any other single object except 
public education. 

In the last two years, the increase in the population of the insti- 
tutions under the Board of Administration has exceeded the normal 
rate. For 1913 it was 4 per cent, and for 1914, 4.2 per cent. The 
appropriations for maintenance for the biennium 1913-1915 were 
based upon an estimated increase of 3 per cent. In addition there 
has been an abnormal increase in the cost of food, which is the chief 



670 DUNNE — JUDGE, MAYOR, GOVERNCS 

item of expense in the maintenance of the institutions. Neverthe- 
less, by wise economy and careful management, the institutions have 
been maintained at the usual high standard and a substantial saving 
has been made in the maintenance fund. 

The Forty-eighth General Assembly appropriated $2,427,304.67 
for the continuation of the physical rehabilitation of these institu- 
tions and for the construction of the new State Hospital at Alton 
and a State Epileptic Colony which I urged upon the Legislature 
in my inaugural address. 

The $1,000,000.00 appropriated for these new institutions has 
been expended or contracted for. After careful investigation, the 
Board of Administration selected a site for the epileptic colony at 
Dixon, Illinois, in a beautiful location on the Rock River, and con- 
tracts have been let for the construction of nine buildings. At Alton 
work is progressing upon five buildings. You will be asked to 
appropriate $500,000, for the completion of each of these new insti- 
tutions and to provide a fund for the maintenance of patients, as 
both will be ready for occupancy before long. 

Owing to the large amount provided for buildings by the last 
Assembly, which was more than sixty per cent of the amount which 
had been expended in the previous eight years, the total request of 
the Board of Administration for all purposes for the next two years 
is $397,632 less than two years ago, and this in spite of the mainte- 
nance increase made necessary by the abnormal growth in popula- 
tion and provision for two new institutions. 

It is with sincere pleasure that I can report conditions in the 
eighteen charitable institutions to have improved in the last two 
years in all those particulars which increase the comfort and happi- 
ness of the wards of the State. 

In economical business management, the Illinois institutions 
are not surpassed by any private corporation. No private sani- 
tarium in this State can furnish medical attention to the mentally 
afflicted, of a higher standard than that given to the inmates of the 
State hospitals. No endowed home or school gives more careful 
training, supervision, nor more humane treatment than is received 
by the wards of the State in our schools for delinquents, while the 
institutions for the deaf and blind, the soldiers' homes, and soldiers' 
orphans' homes are not surpassed anywhere. 

Most important in the improvements effected in these institu- 
tions during my administration has been the abolition, in the schools 
under the Board of Administration, of corporal punishment. The 
old policy of repression and severity has been replaced by patient, 
persevering encouragement of the better qualities in inmates and 
freedom from petty restraint — that humane treatment, in fact, 
which is advocated by the best informed students of delinquency 



DUNNE — JUDGE, MAYOR, GOVERNOR 671 

as being most effective for the building up of self-control and self- 
restraint. 

In the State hospitals all mechanical restraint of patients, in- 
cluding seclusion, has been abolished. Patience and kindness com- 
bined with the best curative treatment known to medical science, 
have worked wonders in obtaining discipline hitherto thought impos- 
sible to maintain without straps, straight-jackets, and close con- 
finement. 

The merit system among the employes is being faithfully and 
conscientiously enforced. The promotional system is in vogue in 
all branches of the hospital service. The ' ' hospital tramp ' ' is being 
weeded out. Experience, fidelity, honest and faithful work, human- 
ity, and decency are recognized, encouraged, and rewarded. Stand- 
ards of living and employment are being elevated with all who 
serve the State. Wages of employes, particularly those receiving 
the smallest pay, have been increased in all the institutions. The 
eight-hour system has been adopted by the Board of Administration 
in several institutions and will be extended to others. 

In the adoption of the eight-hour system for hospital service, 
Illinois is the pioneer in the United States. Better living quarters 
are being provided for the employes in the institutions. In return 
for all these considerations the State demands the highest degree of 
efficiency and humanity from its employes. 

GAME AND FISH CONSERVATION. 

Consolidation of the former Fish Commission and Game De- 
partment, pursuant to my recommendation, in the bill creating 
the Game and Fish Conservation Commission, effective July 1, 
1913, has given substantial proof of the wisdom of combining inde- 
pendent State agencies which handle work that is closely related. 

With an appropriation considerably less than that expended 
by the former departments, the newly created commission has organ- 
ized an efficient warden force and conducted a vigorous and effective 
conservation campaign. 

By strict enforcement of the law requiring licenses and the 
development of a thorough system of accounting for collection of 
fines and confiscation proceeds, the new department has been made 
more than self-sustaining, the cost through these contributions fall- 
ing upon persons directly interested in the results of its work. 

The most important conservation work in the care of this 
department relates to the fishing industry of the State. Our lakes 
and streams furnish an enormous supply of excellent and cheap 
food. Since it is available for all who come to take it, free of 
charge, wise and strict regulation is required to prevent the whole- 
sale destruction by wasteful methods of this common property 



672 DUNNE — JUDGE, MAYOR, GOVERNOR 

The problem of protecting the natural supply, and increasing it 
through scientific propagation, has been undertaken in an effective 
manner by the commission. Large quantities of fry and finger- 
lings have been placed in the waters of the State during the last 
season and permanent ponds and hatcheries have been provided 
for the continuation and extension of this work. 

I commend to your careful consideration, as of great impor- 
tance to the public, all measures submitted for the purpose of 
improving the present methods of conserving this important nat- 
ural resource. 

Preservation of the game, while not so important from the 
standpoint of food supply, is of great interest to the hunters of this 
State, who take out more hunting licenses every year than in any 
other State in the Union. After years of experience with the State 
game farm in propagating English pheasants in the hope of adding 
that bird to the game birds of the State, the commission has reached 
the conclusion that this expensive effort will never succeed, and 
recommends that the State game farm be abandoned. 

During the last two years, on an appropriation of $12,000, 
only a fraction of what had hitherto been spent, the operations of 
the farm have been continued and the distribution of birds and 
eggs throughout the State has been kept up. A careful canvass has 
been made through the game wardens, and the conclusion is reached 
that in spite of the large number of pheasants liberated in the past, 
there has been little or no increase, and no increase can be hoped 
for because of the unfavorable conditions in this State. 

As a substitute for the game farm, it is recommended that in 
each county reservations be established — tracts of land rented for 
a nominal sum — on which grain and cover can be provided at a 
small cost where the native game birds can find food and protection 
during the winter and the breeding season, free from molestation 
or destruction by hunters or others. The expense of maintaining 
such reservations will be but a fraction of the cost of the State game 
farm, and, in this recommendation of the commission, I concur. 

RIA^ERS AND LAKES COMMISSION. 

In the work of conserving the natural resources of the State, 
the Rivers and Lakes Commission has an important part. Public 
bodies of water are of vital importance to the people, and it is 
necessary that the State have an active agency to protect such 
bodies against encroachment, to prevent the drainage of valuable 
lakes, the obstruction of river flow, and the pollution of rivers and 
lakes. The much extended powers, given to the Rivers and Lakes 
Commission by the amendment to the Rivers and Lakes Act, in 
force July 1, 1913, have been put to valuable use in the last eighteen 



DUNNE — JUDGE, MAYOR, GOVERNOR 673 

months. The report of that commission details the work accom- 
plished in the prevention of stream pollution and the investigation 
of complaints of encroachments on public waters of the State. The 
service of the commission in superintending the construction of 
State levees at Cairo, Shawneetown, and Mound City, Illinois, for 
which the Forty-eighth General Assembly appropriated $339,000, 
merits commendation for businesslike efficiency. The work was 
undertaken immediately the appropriation became available ; it was 
planned and conducted according to the best engineering practice, 
and was finished well within the authorized cost and in ample time 
to withstand the high waters of the spring of 1914. 

FOOD INSPECTION. 

In the vital matter of protecting the public from the peril of 
impure and unsanitary food, the State Food Commission has made 
noticeable progress along the most profitable line of endeavor in 
this work — the education of the public. 

With only eighteen inspectors to cover the entire State, it is 
obvious that this department can accomplish its purpose only with 
intelligent cooperation from municipal and county officers and 
from the general public. 

Realizing this, the State Food Commissioner has devoted par- 
ticular attention to enlisting the assistance of local officers, obtain- 
ing the enactment of municipal ordinances for the protection of 
the food and milk supply of cities, and to a campaign of lectures 
and newspaper publicity for the purpose of instructing the public 
on the provisions of the law and methods of insuring its enforce- 
ment. Moving picture exhibitions have been used with good results 
and the volunteer assistance of newspapers throughout the State 
has been of great value in this campaign. 

The report of the State Food Commissioner calls particular 
attention to the widespread practice of using fraudulent weights 
and measures in the retail sale of foods. This is a fraud which 
merits the severest condemnation and the most stringest measures 
for suppression. 

I recommend that a law be passed permitting adequate pun 
ishment of persons guilty of this offense and empowering the State 
Food Inspectors to enforce its provisions. I also recommend the 
careful consideration of all measures relative to the protection of 
the public food supply from adulteration and insanitary conditions 
and the improvement of the present methods of law enforcement. 

I am pleased to call your attention to the fact that in this 
department for the year ending September 30, 1914, that there was 
a saving of expenditures over the preceding year of over $17.000 ; 
while the collections made by the department in the same time 
were over $10,000 in excess of the preceding year. 



674 DUNNE — JUDGE, MAYOR, GOVERNOR 

NATIONAL GUARD AND NAVAL RESERVE.' 

During my administration, our State Military and Naval 
Establishment has undergone changes in organization necessary to 
conform to the detail of organization found, by the Federal Gov- 
ernment, to promote the highest efficiency. 

Progress has been made not only in the character and amount 
of military equipment but in the method of caring and accounting 
for military stores. 

Joint camps of instruction, both within and without the State, 
participated in by our State forces in conjunction with Federal 
troops and those of other states, have combined to secure greatly 
increased efficiency. 

The inadequate housing, both of our troops and their military 
equipment, has been for years a serious handicap to proper train- 
ing, and has been an almost constant source of complaint. There 
are at the present time authorized and either being planned or in 
the course of construction, nine armories for the proper housing of 
troops and equipment. 

The funds appropriated for the National Guard and I^aval 
Reserve have been so advantageously expended that were our troops 
called into service within the State for State purposes, or needed 
in National defense, the entire military force could be mobilized at 
the State mobilization camp at Springfield within forty-eight hours, 
equipped for field service and prepared for active duty. 

HIGHWAY IMPROVEMENT. 

In accordance with the recommendation made in my inaugural 
message, the Forty-eighth General Assembly passed a State Aid 
Road and Bridge Act, which went into effect July 1, 1913, and has 
now been under trial for eighteen months. 

This act changed our entire system of highway construction 
and maintenance, and the first duty of the commissioners, appointed 
under it, was to construct a new organization for the State and for 
every county desiring to operate under the act. 

A court test of the constitutionality of the act caused much 
delay, but so vigorously and successfully has the work been carried 
on that one hundred county superintendents of highways, whose 
qualifications have been proved in competitive examinations, are 
now in office. State aid routes in ninety-four counties have been 
agreed upon between the county boards and the State commission. 
A complete uniform system of auditing and accounting for all road 
and bridge moneys has been installed, allotments from the State 
aid road and bridge fund have been made to all counties that have 
qualified therefor, and contracts have been awarded on seventy- 
four sections of roads having a total length of 91.27 miles. 



DUNNE — JUDGE, MAYOR, GOVERNOR 675 

In many parts of the State work has been completed on sections 
of State aid roads and tlie public has had an opportunity to inspect 
the type of road which the Highway Commission has determined 
to require. This is a finished driveway thirty feet wide, divided 
into a pavement proper of brick or concrete from ten to eighteen 
feet wide, with earth or macadam shoulders on each side to make 
up the required width. The contracts which have been let for State 
aid roads are distributed among forty-eight counties. 

A complete engineering organization under the State Highway 
Engineer has been constructed, through which the State High- 
way Commission is enabled to provide plans for all road and bridge 
work and supervise all construction with the assistance of the 
county superintendents. 

All the precautions which engineering science and modern 
business methods afford have been taken to insure that full value 
is given to the State for all money expended in highway construc- 
tion and that the specifications of contracts are met in every detail. 

I recommend that careful consideration be given to the provi- 
sion of funds for the completion, in a reasonable time, of the 
construction of the fifteen thousand miles of State aid roads, con- 
sistent with the annual tax paying ability of the taxpayers of the 
State. 

CIVIL SERVICE. 

At the beginning of my administration, two years ago, the 
State Civil Service law, so far as it applied to the more important 
positions in the service, was eighteen months old. Since by its 
provisions all the appointees holding office at the time it became 
effective were covered without examination and comparatively few 
changes in the personnel had been made, there was widespread 
anfamiliarity with the provisions of the law. The strain of enforc- 
ing this law, after the first complete change in party domination 
in sixteen years, has not been slight ; nevertheless, with determined, 
honest and fair' enforcement, there has come a vigorous and gratify- 
ing growth in the Civil Service work of the State. In 1911, 4,685 
applications for examination were received ; in 1912, 6,671 ; in 1913, 
8,839 ; in 1914, estimate to December 1, 11,307. In the past year, 
the commission has held 144 examinations and, it was estimated, 
had examined 7,500 applicants up to December 1, this being 
approximately one hundred per cent increase over the number 
examined in 1912. There has been a marked increase in the num- 
ber of positions filled by certification from the eligible lists and 
of all the persons occupying positions in the classified service of 
the State, it is estimated there are now less than seven hundred 
who have not proved their qualifications by passing examinations. 



676 DUNNE — JUDGE, MAYOR, GOVERNOR 

It is with sincere gratification I report to you that the merit 
system in all State departments is now established upon a firm 
basis and I respectfully urge that your honorable body give careful 
consideration to all measures relative to Civil Service, its further 
extension to some positions, not now classified, which should be 
included within its scope, and other amendments which might 
make for the better operation or enforcement of the law. There 
are some few classes of employment, where professional skill and 
implicit confidence is demanded, which might safely be excluded 
from the Civil Service list. 

INDUSTRIAL BOARD. 

Of all the progressive laws placed upon the statute books by 
the Forty-eighth General Assembly, perhaps none is more impor- 
tant to the workingmen of the State than that creating the 
Industrial Board for the administration of the Workingmen 's 
Compensation Act. 

Upon this board rests the duty of arbitrating, in speedy hear- 
ing, disputes over compensation for injury and death incurred in 
industrial accidents. Successful performance of this duty will 
eliminate the great hardships, formerly imposed by the law's delay, 
upon those disabled in the performance of their duty, and upon the 
helpless dependents of men who have fallen in the struggle for 
existence. 

The extent of this work is proved by the fact that the facilities 
of the board have been overtaxed from the beginning. There have 
been presented to and decided by the board, by committees of 
arbitration appointed by it, 584 cases, involving the payment of 
$155,101.11. Lump sum orders have been entered in 367 cases, 
involving the payment of $335,732.91. There are pending before 
the board 240 arbitration matters and 28 lump sum petitions. 

It is evident that the volume of work to be handled will increase 
rapidly, and if the Industrial Board is to avoid a congestion already 
existing, which will soon result in reproducing in its affairs the 
court delays which it is intended to avoid, increased facilities must 
be provided for its work. 

I, therefore, recommend that careful consideration be given to 
the report of this board and to its request for a suitable appropria- 
tion with which to handle its most important work. 

I am informed by the president of this board that its appro- 
priations for rent are at present exhausted and that, unless an 
emergency appropriation for rents, and additional help is given, it 
will result in a suspension, in whole or in part, of the duties of the 
board. 



DUNNE — JUDGE, MAYOR, GOVERNOR 677 

I, therefore, recommend an emergency appropriation sufficient 
to enable the board to carry on its duties until the general appro- 
priation bill is passed. 

SEMIMONTHLY PAYMENT OF STATE EMPLOYES. 

The last Legislature, upon my recommendation, passed a law 
compelling corporations and employers to pay their employes semi- 
monthly. I see no reason why the State should not follow the 
same practice. I am informed that the State can provide for such 
semimonthly payment of employes by the employment in the 
Auditor's office and in the office of the Civil Service Commission of 
extra clerks at a cost of not to exceed $5,000 annually. 

I recommend that provisions be made for such semimonthly 
payment of State employes. 

EFFICIENCY AND ECONOMY. 

Following the recommendation in my inaugural message the 
Forty-eighth General Assembly appointed a committee composed 
of four members of each house, to examine into different depart- 
ments of the State government for the purpose of ascertaining 
whether or not, by cooperation of the different departments and 
commissions of the State and the coordination of their functions, 
greater efficiency and economy in administration could not be 
attained. 

This committee has been industriously engaged for the last 
eighteen months in making such investigation, and will make a 
report to the Legislature embodying the result of its labors, which 
report, I earnestly commend to you for your careful consideration. 

While not agreeing with all of the recommendations of the 
committee in their entirety, it is in the main a very valuable and 
well-considered report of conditions prevalent at the present time, 
with very wise recommendations of changes. 

I particularly call your attention to the very valuable recom- 
mendations in reference to the consolidation of the penal and 
correctional institutions under one commission; the consolidation 
of the different mining boards into one department ; the consolida- 
tion of the various agricultural and live stock boards into one 
department ; the consolidation of the different normal schools under 
one board of trustees; the consolidation of the tax levying boards 
and the revenue collecting departments of the State into a depart- 
ment of finance under the control of a State Finance Commission, 
consisting of a State Comptroller, a State Tax Commissioner and 
a State Revenue Commissioner, the Auditor of Public Accounts 
and the State Treasurer being ex officio members, and involving the 
abolition of the State Board of Equalization and the creation of a 
State Tax Commission in lieu thereof. 



678 DUNNE — JUDGE, MAYOR, GOVERNOR 

COm^ICT LABOR. 

The last Legislature, upon my recommeudation, enacted a law 
permitting the use of convicts upon road building in the State, 
limiting the employment of such convicts, however, to those whose 
terms of unexpired imprisonment did not exceed five years. 

Liberal use of the convicts has been made for that purpose, 
particularly at the Joliet penitentiary, with beneficial results both 
to the convicts and to the State. A very small percentage of the 
convicts have violated their pledge of honor, and the work done 
has been valuable and efficient. 

I would respectfully recommend the amendment of the law, 
so as to permit convicts whose unexpired terms exceed the five-year 
limitation to be used for road building. The limitation, in my 
judgment, can be safely extended to ten or even fifteen years instead 
of five. 

In order to bring about a more extensive use of the convicts 
for this laudable purpose, it might be wise to amend the Good 
Roads Act, so as to require the counties, who are recipients of 
State aid to avail themselves of convict labor, charging therefor 
the actual cost of feeding the men while so engaged. 

During the last fifteen months, fifty-one convicts were em- 
ployed at road building, from September 3, 1913, to February 10, 
1914, at Camp Hope, near Dixon, Illinois, doing very effective 
road work. Not one attempted to escape. 

Seventy-two convicts were employed at Starved Rock from 
April 27, 1914, to August 20, 1914, and afterwards at Mokena, Will 
County, Illinois, until December 23, two of whom escaped, and 
have not been recaptured. 

Sixty-five men were employed at Beecher, Illinois, from June 
15, 1914, to November 24, 1914, none of whom attempted to escape. 

One hundred and five convicts were utilized at the Joliet 
honor farm from February 27, 1914, until recently. Twenty-four 
have had their sentences commuted; nine returned to the prison; 
two paroled, and nine transferred to road camps, leaving sixty-one 
still on the farm operating same. 

In view of the small* percentage of escapes, and the general 
observance of their pledges by the convicts, the warden of the 
Joliet penitentiary has recommended that the convict labor act be 
amended so as to permit the use of convict labor upon the public 
roads, by removing the clause specifying that a man must have 
less than five years to serve before he is eligible for road work. 



DUNNE JUDGE, MAYOR, GOVERNOR 679 

CHICAGO PARK COMMISSIONS CONSOLIDATION. 

In my inaugural address to the General Assembly, I recom- 
mended the consolidation of the Park Commissions of the city of 
Chicago. 

At present there are three separate commissions: the Board 
of South Park Commissioners, the Board of West Park Com- 
missioners, and the Board of Lincoln Park Commissioners. 

All of these quasi-municipal bodies are conducted as wholly 
separate institutions, with different offices, different executives, and 
under different managements. 

These park boards should be consolidated. At your last session, 
a bill was passed consolidating the park boards, and I was con- 
strained to veto same on being advised by the Attorney General 
that the bill was unconstitutional. 

I again recommend the consolidation of the different park 
boards of the city of Chicago and I trust "constitutional legislation 
to that end will be enacted at the coming session. 

THE STATE BOARD OF LIVE STOCK COMMISSIONERS. 

FOOT-AND-MOUTH DISEASE IN ILLINOIS. 

Since November 1, 1914, when the first case of foot-and-mouth 
disease was discovered in Illinois, live stock producers within the 
State have necessarily been subjected to great inconvenience and 
economic losses incidental to the establishment and the enforcement 
of quarantine regulations to prevent one of the most highly con- 
tagious diseases known from infecting every farm within the State. 

During this time the services of two hundred veterinarians 
constituting the cooperating forces of State and Federal Govern- 
ments have been constantly engaged. An additional force of over 
five hundred laborers under competent supervision has also been 
engaged in cleaning and disinfecting infected premises after the 
slaughter of affected herds. In doing this work the State and 
Federal Governments have been acting in complete harmony and 
cooperation. 

In waging this fight against the unrestricted spread of the 
contagion of foot-and-mouth disease, much opposition and failure 
to promptly report infection has been encountered, and to this fact 
can be charged at least fifty per cent more outbreaks than would 
have otherwise occurred. The culmination of the opposition against 
effective work in completely eradicating the disease previous to this 
date was reached when the State Veterinarian was served with 
threatening notices by the owners of herds infected and their law- 
yers, and finally with an injunction against the further slaughter of 
affected herds, thus preventing the best known method of success- 



680 DUNNE — JUDGE, MAYOR, GOVERNOR 

fully eradicating the disease from being utilized to protect the live 
stock interests in this and other States. Unless this injunction is 
soon dissolved all of the work so far done will be of little or no 
avail and the live stock interests will be confronted by rigid Federal 
quarantine of this State for years to come. 

Up to this time 591 herds consisting of 18,348 cattle, 26,613 
hogs and 903 sheep have been slaughtered, the total appraised valua- 
tion of which is $1,494,528.67. Of the 591 infected premises 523 
have been thoroughly cleaned and disinfected under official super- 
vision, the remainder being now in course of disinfection or in 
preparation for disinfection. 

In view of the widespread extent of this very contagious dis- 
ease, involving such serious consequences to the live stock owners 
of the State, and the large expense entailed upon the State of 
Illinois in the effort to furnish assistance to the Federal Govern- 
ment in eradicating the disease, and in view of the great losses 
entailed upon the owners of the cattle infected and destroyed, I 
recommend the early attention of the Legislature to the question of 
making an appropriation sufficient to cover the unusual expenses 
entailed upon the State of Illinois in the effort to suppress this 
disease, and that it should further take official action in the way 
of making appropriations to reimburse in some way the owners of 
the cattle killed. 

In my opinion, because of the fact that this disease has already 
infected eighteen states of the United States, the expense and re- 
sponsibility of handling this nation-wide calamity ought to fall 
upon the Federal Government. No one or more states can effect- 
ively suppress this contagion throughout the United States. Arbi- 
trary state lines are not effective in preventing the spread of the 
disease. It is as though war were declared upon this country by a 
foreign foe. The National Government is charged with the duty of 
defending the country from foreign invasion. 

The foot-and-mouth disease has declared war not upon the 
State of Illinois, but upon the live stock interests of the United 
States, and the consumers of the Nation dependent thereon, and, I 
believe, the Federal Government ought to shoulder the responsi- 
bility of this nation-wide calamity, and compensate those that are 
entitled thereto, but in the meantime, until action is taken by the' 
Federal Government, some action should be taken by the State of 
Illinois to relieve its own citizens, and thereafter the State should 
demand reimbursement from the Federal Government for ex- 
penses entailed thereby. 

THE STATE CHARITIES COMMISSION. 

The State Charities Commission, whose duties are those of 
inspection and recommendation, suggests and recommends : 



DUNNE — JUDGE, MAYOR, GOVERNOR 68] 

First. That the Alton State Hospital and the Dixon State 
School and Colony, the two institutions now in course of construc- 
tion, be completed at the very earliest date. 

Second. The establishment of a State home or school for 
adult feeble-minded women and the enactment of a law providing 
for legal commitment of the feeble-minded of all ages and for 
discharge of such defectives from institutions designed for their 
care only upon order of the court. Such law should give courts 
discretion to commit a feeble-minded person to a private institu- 
tion, as insane are often committed to private hospitals, when the 
reasons for such commitment warrant it. 

Third. Attention is called to the almost indescribable con- 
dition of the jails, lockups, calabooses and workhouses of this State. 
Legislation is urged which will vest in State authority, preferably 
the Governor, the power to close a jail or other local place of deten- 
tion or an almshouse which does not comply with the law and 
conform to the standards which the law prescribes. 

Fourth. The creation of a State Housing Commission to 
study the housing situation in Illinois and to report back to the 
next General Assembly recommendations for a comprehensive 
statute covering this highly important subject. 

Fifth. Endorsement of the recommendation of the Efficiency 
and Economy Commission that the State Charities Commission 
be empowered to inspect and supervise the three State penal insti- 
tutions of Illinois, in the same manner and for the same purposes, 
as it now inspects and supervises the State charitable institutions. 

INSPECTION OF PRIVATE EMPLOYMENT AGENCIES. 

New life has been injected into the supervision and inspection 
of private employment agencies during the fiscal year 1914. Three 
hundred sixty-seven licenses were issued to private agencies, an 
increase of thirty-eight over 1913. 

The amount of revenue from licenses was $17,750, an increase 
of $1,775. During the year, $6,785 were refunded by agents to 
complainants, a gain of $4,832. Inspectors made 1,973 reports on 
general conditions of agencies, an increase of 557. One thousand 
seven hundred and sixty-seven complaints were investigated, as 
against 432 in 1913. 

The department has discovered that it is a practice among 
"straw bosses" on railroads and factory foremen to charge a fee 
to men for the privilege of holding their jobs. This practice is 
probably an outgrowth of the scarcity of work. It is being dealt 
with vigorously; several convictions have been had in Chicago, 
one in East St. Louis, four in Granite City, where four cases are 



682 DUNNE — JUDGE, MAYOR, GOVERNOR 

pending in the courts. The department reports the necessity of 
drastic methods to regulate the booking agents who are sending 
young girls as entertainers to saloons, cafes, etc. 

THE PANAMA-PACIFIC INTERNATIONAL EXPOSITION. 

Illinois will be represented at this great exposition by a dis- 
play of its industries and a State building where its people may 
gather. The last General Assembly made an appropriation of 
$300,000 with which to erect a building and to bear the expenses 
of the commission. At the time this message is written, the building 
is practically complete. 

It is 96 feet deep and has a frontage of 136 feet, with prin- 
cipal entrances on its north and south sides. The contract price 
was $89,000, exclusive of furnishings, decorations, and lighting 
fixtures. 

The plans were drawn by State Architect, J. B. Dibelka, and 
the contract was let to Lange & Bergstrom, of San Francisco, the 
lowest bidder. 

The friezes on the north and south fronts are embellished with 
ornamental sculpture, designed after prize competition by young 
Illinois sculptors, their work being supervised by Lorado Taft. 

The building contains twenty-five rooms. 

A room is set apart as a memorial to Lincoln. There is a 
ballroom, where dances and other entertainments may be held, 
a recital hall for musical entertainments, a motion picture theater, 
reading, writing, and lounging rooms. 

Among the features of the entertainment program is a large 
pipe organ which has been donated to the State on condition that 
it defray the cost of packing and shipping. 

In the moving picture theater, the State's manufacturers and 
industries, its parks and buildings, its public institutions, agri- 
cultural, live stock, and dairying resources will be displayed daily. 

The commission has divided itself into fifteen standing com- 
mittees, each having in charge a certain department of exhibits. 

Special attention is to be given to the agricultural, live stock, 
and dairying interests. 

The commission has made a strong effort to have every manu- 
facturing and commercial industry of the State represented by an 
exhibit, and as a result every exhibition hall will house some 
substantial evidence of the State's commercial and industrial activi- 
ties and supremacy. 

Illinois Day has been set for July 24 and Chicago Day for 
October 9. 

Aside from the expenditures on the erection of the building, 
the total expenses of the commission to date have been only $3,944. 



DUNNE — JUDGE, MAYOR, GOVERNOR 683 

STATE BOARD OF HEALTH. 

The State Board of Health, during the biennial period, has 
been exceedingly alert to the demands upon it. During the two 
yeai*s, 73,786 packages of diphtheria antitoxin have been distrib- 
uted by the board at a total cost of $57,270. This antitoxin has 
been employed in 23,100 cases of diphtheria, and the mortality 
throughout the State has decreased to 7 per cent as compared 
with 40 per cent in the pre-antitoxin days. 

In 1914 the board distributed, without charge, vaccine against 
typhoid fever, and 6,000 packages of this agent have already been 
used. During 1913-1914, one hundred and thirteen indigent per- 
sons were treated for rabies, under the direction of the board, at a 
cost to the State of $6,161. Recently the board has begun the 
distribution of a solution of nitrate of silver for use in the pre- 
vention of blindness, occasioned by childbirth infection of the eyes. 

Illinois has never provided for the free distribution of small- 
pox vaccines. During the last year 3,650 cases were reported in 
the State. Four thousand cases of typhoid fever were reported 
during the year, due to the ever increasing pollution of water 
supplies. During the two years the board's laboratory has ex 
amined 1,185 specimens of blood for the early diagnosis of this 
disease. 

A sanitary survey of summer resorts was made in 1914. The 
board caused the inspection in 1913 of 1,900 dairies, and in 1911 
of 3,600. During the last year these inspections were confined 
largely to the Chicago district, to prevent the milk rejected by 
Chicago being dumped into other Illinois communities. 

Nine hundred special investigations were made in the two 
years on account of insanitary conditions and the unusual prev- 
alence of communicable diseases. The laboratory of the board 
has examined 9,000 specimens for the scientific diagnosis of com- 
municable diseases, of which 4,804 were for tuberculosis, 1,741 
for diphtheria, 2,118 for typhoid fever. 

At the present time, the laboratory is making Wassermann 
tests for indigent persons, and within a short period of time ex- 
pects to open branch laboratories in the southern and northern 
parts of the State for the early diagnosis of diphtheria. 

An effort has been made to induce municipalities, operating 
without health ordinances, to adopt them, and in many instances 
the ordinances passed have been those recommended by the board. 

During the past tw^o years, the board has examined 1,153 
physicians, 201 midwives, 260 other practitioners, 378 embalmers. 
It reports that during this time the standards of medical educa- 
tion have been distinctly raised, the period of instruction being 
lengthened from four to five years. 



684 DUNNF — JUDGE, MAYOR, GOVERNOR 

DEPARTMENT OF DEPORTATION. 

This department makes its first annual report. One hundred 
and nine persons were removed from our State institutions to 
other states and governments. Thirty deportable aliens are await- 
ing deportation. During the year, 1,509 patients committed to 
State hospitals were investigated and found to be legal residents 
of the State. On account of the department's close record of 
deportable aliens and nonresident insane persons, brought to 
the Court of Cook County for examination as to their sanity, 
fifty-five aliens and thrity-seven nonresidents were either dis- 
missed or paroled to friends, because of the latter 's knov/ledge 
of its existence and activity. 

It is reported that during the year only seven insane persons 
were returned to Illinois from neighboring states through this 
department. 

The department estimates that the total gross savings to the 
State through the deportation of these 109 persons was $156,960, 

BUREAU OF LABOR STATISTICS. 

The Bureau of Labor Statistics has just completed its report 
of industrial accidents for the year ending December 31, 1913. 
Arrangements have been made with the Industrial Board to com- 
pile the reports of accidents, covered by the present and revised 
compensation law for the first year of its existence, which em- 
braces about 15,000 reports. 

The 1914 biennial report on child labor is almost complete. 
It covers the investigation of child labor in cities of 50,000 or 
more and deals with the apparent physical and mental status of 
children, the condition of employment, the income of the child 
and of the parents, the extent of education, etc. 

The bureau recommends the consolidation of the free em- 
ployment offices in Chicago into one bureau, with separate de- 
partments for skilled labor, unskilled labor, clerical positions, and 
domestic service. 

BOARD OF PHARMACY. 

The State Board of Pharmacy was created to protect the in- 
nocent public from unscrupulous dealers in drugs, medicines, and 
poisons. 

During the year the board has held eight examinations of 
applicants for registration as pharmacists and assistant pharma- 
cists. Six hundred and fifty-five applicants for the first, and four 



DUNNE — JUDGE, MAYOR, GOVERNOR 685 

hundred and forty-two for the second grade have been personally 
examined, the greatest number in one year since its organization. 

The board says that, in no year since its organization, has 
there been such close inspection of drug stores. Sixty-three of- 
fenders in the )State, outside of Chicago, have been prosecuted and 
fines amounting to $2,530 turned into the State treasury. Seventy 
cases have been instituted in Chicago, and in practically all of 
them judgments have been obtained. 

From January 1, 1914, to November 18, 1914, fees and fines 
collected by the board, amounted to $21,200, an increase of more 
than ten per cent over any like period of time. 

STATE FACTORY INSPECTOR. 

The Chief Factory Inspector has made a notable record dur- 
ing the last year. A total of 60,198 inspections were made, com- 
pared with 40,103 of the year before. Under the child labor law, 
32,981 inspections were made, against 26,495 during the preceding 
year. In the enforcement of the law regulating the hours of 
employment of women, 17,969 inspections were made as against 
8,079 during the preceding year; under the "health, safety and 
comfort" law, 5,785 inspections contrast with 3,845; 917 inspec- 
tions were made under the "structural iron" law% as against 590 
the year before. The "metal polishers" law required 1,362 in- 
spections, against 701; the "ice cream and butterine" law re- 
quired 485 inspections and 260 licenses, against 205 inspections 
and 165 licenses. 

Under the "occupational disease" law, 721 inspections were 
made, against 187. A total of 252 firms are now reporting month- 
ly under the provision of the "occupational disease" law, as 
against 166 firms in the preceding year. 

During the past year, 795 cases were brought before the 
courts, 69 of which w^ere discharged and 726 convicted ; fines and 
costs amounted to $10,679. This record is contrasted with 434 
prosecutions and 396 convictions, with fines and costs amounting 
to $6,240 in 1913. 

GRAIN INSPECTION DEPARTMENT. 

Due to an unjustifiable reduction of fees for the inspection of 
grain from 50 cents to 35 cents per car, made by the Railway and 
Warehouse Commission in December, 1912, earnings of this de- 
partment, in the Chicago district, during the last fiscal year were 
about $40,000 less than during the preceding year, with result 
that the disbursements exceeded the receipts by about $46,000. 



686 DUNNE — JUDGE, MAYOR, GOVERNOR 

The Public Utilities Commission, on viewing the situation, 
has increased the fees to 50 cents per car for "in" inspection and 
50 cents per 1,0,00 bushel for "out" inspection. 

Under these ncAv fees, receipts of the department for the 
quarter ending September 30, 1914, exceeded disbursements by 
nearly $20,000, so that it is expected receipts hereafter will meet 
the expenses. 

That the department is being operated in an efficient man- 
ner is being demonstrated by the almost entire absence of com- 
plaints either from shipjjers or receivers, this obviously being 
the most accurate barometer of the high standard of inspection 
attained by the department. 

The chief grain inspector recommends that the grading of 
all grain in the State shall be by duly classified inspectors. The 
present conditions whereby any locality may operate, independent 
of the State, does not, in his opinion, tend to give all shippers of 
grain that wholly impartial grading which they should have. 

COMMITTEE TO im^ESTIGATE VOLUNTARY CHARIT- 
ABLE SOCIETIES SOLICITING CHARITABLE 
CONTRIBUTIONS AND CHILD HOME- 
FINDING ORGANIZATIONS. 

The Forty-eighth General Assembly, by House Joint Resolu- 
tion No. 36, created a joint committee of five Representatives and 
five Senators to investigate into the methods and actions of cer- 
tain charitable institutions and organizations licensed by the 
State, and all societies and organizations licensed by the State to 
handle children under the juvenile law, and to investigate the 
accounts, receipts and expenditures of said institutions and organ- 
izations for the purpose of determining where all such moneys go, 
and whether or not they go to such institutions, etc., etc. 

Said committee has a report ready to present to the Forty- 
ninth General Assembly. In this report they state that they have 
not completed their work of investigation; that they have in the 
course of their investigations unearthed a very scandalous state 
of affairs in relation to the disposal of children in this State ; 
that they have discovered cases in which children have been 
bought and sold as merchandise ; that, with the little time and 
money at their disposal, they have been unable to make a thor- 
ough investigation of all the maternity hospitals and other in- 
stitutions of like character, and request that their existence be 
continued to enable them to complete their investigation. 



DUNNE — JUDGE, MAYOR, GOVERNOR 687 

I, therefore, recommend that the committee appointed by the 
Forty-eighth General Assembly be continued for further investi- 
gation under the same powers heretofore given them, and that a 
reasonable appropriation be made to them to carry on their 
work. 

STATE FINANCES. 

In relation to the finances of the State, they are in a most 
excellent condition, the cash balance on hand in the State treas- 
ury on January 1, 1915, being $10,310,015.95. 

For full information and figures concerning said State finan- 
ces, I refer you to the reports of the Auditor of Public Accounts 
and State Treasurer. 

The Constitution requires the Governor at the commencement 
of each regular session to present estimates of the amount of 
money required to be raised by taxation for all purposes. 

In this connection, I would direct your attention to the budget 
which will be presented to you by the Legislative Reference 
Bureau, which contains estimates by the various department heads 
as to their needs for the coming two years. I earnestly request 
your cooperation in pruning and cutting down the same, where 
possible, to the actual needs and necessities of efficient adminis- 
tration. 

EXECUTIVE EXPENDITURES. 

For a statement of expenditures, made by me for this depart- 
ment from fimds subject to my order, your attention is directed 
to the biennial report of the Auditor of Public Accounts. 
Vouchers for all such expenditures have been filed in the Audi- 
tor's office. 

E. F. Dunne, Governor. 



688 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE CORRUPT LOBBYIST. 

Message to Forty-ninth General Assembly, March 2, 1915. 

Gentleme^i of the Forty-ninth General Assembly: 

One great embarrassment attendant upon the honest effort of 
a State Legislature to give to the people remedial legislation has 
been the insidious influence of the corrupt lobbyist. 

Always the servile hireling of the concealed master, he sits 
near the seats of the members and in the committee rooms during 
the sessions of the committees and endeavors to poison at its source 
what would otherwise be the honestly expressed will of the people 's 
representatives. 

It has been said in the past that Illinois was not free from this 
scourge. 

I have proposed several remedial measures to the present Legis- 
lature and many other meritorious measures will be considered dur- 
ing the session. We should not sit quietly by and permit bills, 
designed to give relief to the people, to be changed, modified, ren- 
dered impotent or nullified by the machinations of undisclosed 
persons and influence, if it is in our power to prevent it. 

Such persons and influences should come out in the open and 
show their colors, where all men can see them and know for what 
they stand. Honest men and measures will announce themselves 
and be welcome, but the subsidized and professional lobbyist, intent 
on defeating the will of the people by endeavoring to corrupt the 
weak and to circumvent the strong, should be driven from the State- 
house. 

In my judgment, no one, not a member of this General Assem- 
bly, should be admitted to the floor of either House or the committee 
rooms thereof, the cloak rooms, the corridors or any other part of 
the Statehouse adjacent to the legislative chambers, for the pur- 
pose of advocating, amending or opposing any bill, resolution or 
measure, pending in either House of the General Assembly, unless 
such person shall first register his name and address with the Secre- 
tary of State and the secretary and clerk of each House of the 
General Assembly. 

Such person, in addition to his name and address, should be 
required to certify in writing if he is employed by any person, firm 
or corporation ; and if so, the name and address of each employer. 



DUNNE — JUDGE, MAYOR, GOVEKNOP 689 

and what compensation he has received or is to receive, if any. He 
should further be required to state in writing the bills, acts, meas- 
ures or resolutions he is interested in and what the nature of his 
interest may be. Such registration and other information should be 
spread upon the records of the House or Senate and published in 
the Journal of its proceedings, and no person, not a member of 
either House of the General Assembly and not so registered, should 
be permitted to discuss any measure, bill, act or resolution so pend- 
ing before any committee or with any members of either House. 
In any resolution covering this matter that is adopted by either 
House, however, nothing therein contained should apply to any 
person or persons invited by either House or any committee thereof 
to appear before such House or any of its committees for the pur- 
pose of furnishing information or data desired by either House or 
any such committees, on any matters pending before either House 
or any of its committees, provided the name and address of any such 
person, so invited and appearing before any committee of either 
House, shall be reported to the clerk (or secretary) of either House 
by the chairman of such committees and published in the daily 
Journal of its proceedings. 

Neither should any resolution adopted by either House concern- 
ing this matter apply to any State officer or department head ap- 
pearing before the various committees, relative to the work of their 
departments. 

Very respectfully, 

E. F. Dunne, Governor. 



690 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE PARDONING OF NEWTON C. 
DOUGHERTY. 

Statement to the Public, March 3, 1915, 

Governor Dunne announced today that he will pardon New- 
ton C. Dougherty of Peoria, upon the recommendation of the State 
Board of Pardons, but that he will not act upon the case until 
Dougherty actually begins the serving of his sentence in the Joliet 
penitentiary. 

Attorneys Clarence S. Darrow and Joseph Weil, representing 
Dougherty, and State's Attorney McNemar of Peoria County, 
representing the State, appeared before the Governor today, pre- 
senting arguments for and against the granting of a pardon to 
Dougherty. 

In announcing his decision, Governor Dunne said: "Justices 
Craig, Cooke, Farmer, Dunn and Carter of the Supreme Court of 
this State have either written or called upon the Governor or 
the Board of Pardons in the interest of Dougherty. They state 
that they represent the view of all of the Justices wiio partici- 
pated in the hearing of the case in the Supreme Court. They 
believe that inasmuch as Dougherty has served seven years in the 
penitentiary for the offense which he committed -whilp Superin- 
tendent of Schools of Peoria County, that the punishment was 
adequate and sufficient to vindicate the law; that to insist upon 
further punishment would be an act of injustice by the State. 
This view is also concurred in by Judge W. C. Worthington, in 
writing, before whom Dougherty was tried upon the original in- 
dictments, and is also the view expressed in writing by Hon. 
Robert Scholes, ex-State's Attorney of Peoria County, who prose- 
cuted Dougherty upon the original indictments. 

"Dougherty was originally sent to the penitentiary upon a 
plea of guilty to five indictments selected by the State's Attorney 
out of a total of 140 indictments returned against him. The five 
indictments to which Dougherty plead guilty carried a total 
forgery of $750.00. 

"If the former Board of Pardons had not taken into con- 
sideration the whole subject of Dougherty's wrongdoings it would 
not have kept him in the penitentiary seven years for forgeries 



DUNNE — JUDGE, MAYOR, GOVERNOR 691 

amounting to only $750.00. Consequently, the investigation which 
the Board of Pardons has just concluded makes it certain that 
Dougherty already has been punished for the crime of which he 
is now convicted, and that to punish him further would be a 
violation of the agreement made by ex-State's Attorney Scholes 
aud would be an act of injustice on the part of the State." 



692 DUNNE — JUDGE, MAYOR, GOVERNOR 



STATE HOSPITALS TO TREAT DRUG 
VICTIMS. 

Statement to the Public, March 6, 1915. 

Governor Dunne issued the following statement today: 
I am reliably informed that many persons addicted to the 
cocaine, morphine and other drug habits, whose supply has been 
cut otf because of the going into effect of the Federal Law pro- 
hibiting the sales of such drugs, are financially unable to procure 
scientific treatment for the cure of such habits, and inasmuch 
as the State authorities are anxious to give relief in such critical 
cases, I now advise all such unfortunate persons addicted to the 
use of such drugs that if they will apply to the county courts 
of their respective counties and enter into a consent agreement 
to be treated at once of the State institutions, that the authorities 
in the different institutions of the State at Kankakee, Elgin, 
Anna, Watertown, Peoria, Jacksonville and Dunning will receive 
and give such applicants medical treatment having for its object 
the reformation of such drug habitues. 

The Board of Administration advises me that they will read- 
ily receive such applicants and are prepared to take care of them. 
Even if the applicants are suspected of giving fictitious names, I 
have advised the Board of Administration not to cross-examine 
them with the purpose of compelling them to disclose their true 
names. 



DUNNE JUDGE, MAYOR, GOVERNOR 693 



ON THE KILLING OF LUMPY JAW 
CATTLE. 

To State Board of Live Stock Commissioners and to the Chi- 
cago Live Stock Exchange, March 6, 1915. 

Gentlenven : 

Some time in December, 1914, a serious controversy arose 
between the State Board of Live Stock Commissioners of Illinois, 
and the Chicago Live Stock Exchange, in reference to the methods 
prevailing in relation to the killing of lumpy jaw and diseased 
cattle tagged as suspected in the Union Stock Yards, Chicago. 

The immediate incidents giving rise to the controversy arose 
out of the cancellation by the Live Stock Exchange of a contract 
it had entered into with the Bismarck Packing Company for the 
slaughter of such cattle and the attempt by the Live Stock Ex- 
change to let a new contract for the killing of such suspected 
cattle. 

In the discussion of this controversy I will refer hereafter 
to the Board of Live Stock Commissioners as the Commissioners, 
and to the Live Stock Exchange as the Exchange. 

Pursuant to an arrangement entered into many years ago 
between the Commissioners and the Exchange, the Exchange had 
been awarding such contracts to different slaughtering companies 
situated in or near the Union Stock Yards, Chicago. When the 
controversy between the Commissioners and the Exchange arose 
much dissatisfaction was expressed by the members of the Com- 
mission in relation to the methods followed in the slaughtering of 
such cattle, and in the making of returns of the proceeds thereof 
to the Exchange. It was contended by the Commissioners that 
the owners of these suspected cattle w^ere not receiving the full 
returns that they were entitled to from the concerns which did the 
slaughtering under the contracts for the Exchange. 

Being exceedingly anxious to harmonize the differences be- 
tween the Commissioners and the Exchange, I invited both of 
them to appear in my office for the purpose of discussing their 
differences and vigorously and insistently urged upon them the 
propriety of harmonizing their differences and agreeing upon a 
slaughter house and upon a contract and specifications covering 



694 DUNNE JUDGE, MAYOR, GOVERNOR 

the slaughtering which would secure to the owners of the slaugh- 
tered cattle full and complete returns. I had hoped that as the 
result of these interviews and my insistent admonition, they 
would harmonize their differences and agree upon a plan where- 
by the slaughtering of such cattle would be conducted in a man- 
ner satisfactory to both parties to the controversy and the gen- 
eral public. 

My efforts to produce a harmonious agreement between the 
Commissioners and the Exchange failed, and I was compelled to 
give a great deal of personal attention to the matter which should 
not have been entailed upon me. 

As the principal controversy seemed to be over the slaugh- 
tering house that was to conduct the slaughtering, I ordered the 
Commissioners to advertise for bids, and to notify all slaughtering 
houses in and near the Union Stock Yards, Chicago, requesting 
them to bid, fixing upon the time and place for the opening of 
all sealed bids. I also required the Commissioners to notify the 
Exchange when such bids would be submitted, giving the time 
and place. This time and place was fixed upon as January 5, 
1915, at my office in the Statehouse, Springfield. On January 
5, the Commissioners brought to me at my office certain sealed 
bids. As no one representing the Exchange was present, I tele- 
graphed the president of the Exchange, under date of January 5, 
1915, notifying him that sealed bids for the slaughter of lumpy 
jaw and diseased cattle were presented to me by the Commis- 
sioners ; that no one representing them was present, and that I 
Avould defer opening the bids until 10 o'clock on the following 
morning, January 6. On that day the bids were opened and 
tabulated; whereupon I wrote a letter to the Exchange, enclosing 
copies of these bids, and requested said Exchange to examine 
said bids and if they had any views to express thereon to pre- 
sent same. 

Shortly afterward Messrs. Stafford and Martin of the Ex- 
change and the attorney for the Exchange, Mr. Edward Everett, 
called at my office and requested me not to award any bids until 
the whole matter of the controversy could be examined by a 
committee to be appointed by myself. I thereupon sent for Dr. 
0. E. Dyson, State Veterinarian, representing the Commissioners, 
and, after a long and painstaking discussion, it was suggested by 
Mr. Everett and agreed to by the representatives of the Ex- 
change and Dr. Dyson, representing the Commissioners, that I 
should select a disinterested referee or umpire and that such dis- 
interested referee or umpire should be an expert in the methods 
of slaughtering cattle and that he and Mr. Garrett, Assistant 



DUNNE — JUDGE, MAYOR, GOVERNOB 695 

Attorney General, and Mr. Everett should act as a committee to 
go to Chicago, visit the slaughtering houses, thoroughly investi- 
gate the methods pursued in the past, and advise me as to the 
course to be pursued in the future. 

I thereupon, in the presence of these same gentlemen, sug- 
gested to them that such referee should be selected by one of the 
large packing companies in the City of Chicago, as 1 myself was 
not acquainted with anyone who was an expert in the methods of 
slaughtering cattle. I suggested the firm of Cudahy & Co. as 
being a firm who could probably give me the name of an im- 
partial expert in that line. Mr. Everett, Mr. Garrett, the repre- 
sentatives of the Exchange, and Dr. Dyson, representing the Com- 
missioners, all agreed to this suggestion, whereupon, in their pres- 
ence, I dictated and afterwards sent a letter to Cudahy & Co., 
requesting them to give me the name of an impartial and skilled 
expert along these lines. 

At the same time and in the presence of these gentlemen, I 
dictated the following memorandum, dated January 7, 1915, and 
they all expressed themselves in entire accord therewith: 

"At a conference between the Governor, Dr. 0. E. Dyson, 
State Veterinarian, Messrs. Stafford, Martin and Everett, mem- 
bers of the Chicago Live Stock Exchange, and Mr. Garrett of the 
Attorney General's office, it was agreed, informally, that a special 
commissioner should be selected by the Governor to sit in con- 
ference with representatives of the State and the Chicago Live 
Stock Exchange, to pass upon the character of the specifications 
that should be agreed upon in any contract let for the slaughter 
of lumpy jawed cattle, and all cattle held by the order of the 
State for slaughtering in the Union Stock Yards, Chicago, and 
advise the Governor and the Live Stock Commissioners of the 
State in relation thereto. 

"Also to advise them in reference to the method of securing 
to the owners of diseased cattle just and proper returns for the 
carcasses and offal after slaughter. 

"It was further informally agreed, pending this hearing, that 
the slaughtering of diseased cattle should be carried on at the 
Western Packing Co., under a temporary arrangement now exist- 
ing between the Live Stock Commissioners and the said packing 
company, and that the moneys now in the hands of the Live Stock 
Commissioners of the State of Illinois, as the proceeds of car- 
casses and offal of cattle that have been killed during the last 
two or three weeks, should be paid over to the Chicago Live 
Stock Exchange upon this exchange giving a receipt in which 
they bind themselves to pay said moneys over to the persons 



696 DUNNE — JUDGE, MxVYOR, GOVERNOR 

legally entitled thereto, under the laws of this State, and to 
indemnify the Live Stock Commissioners from any and all liability 
thereof, and that until a final report is made and a slaughter 
house selected, that the proceeds of the slaughtering of diseased 
cattle in the Western Packing Co. be paid over to the Chicago 
Live Stock Exchajige upon their giving like receipts therefor. 

"This commission so comj^uscd shall have the absolute right 
to investigate all the books and accounts of the Chicago Live 
Stock Exchange and make a report thereon; it being the spirit 
and intention of the Live Stock Commission of the State, the 
Chicago Live Stock Exchange, and the State Veterinarian to 
facilitate the handling of this cattle to the satisfaction of the 
public." 

On January 8 the Cudahy Packing Co. notified me that the> 
would select the expert requested. 

On January 9 the Cudahy Packing Co. notified me that they 
had selected Mr. Wm. Diesing (a gentleman whom I have never 
before had the pleasure of meeting), manager of their beef de- 
partment, to serve on the commission. 

On January 16 Mr. Diesing accepted the appointment and so 
notified both the Commissioners and the Exchange. 

Thereafter Mr. Diesing, Mr. Garrett and Mr. Everett met and 
conducted their investigations. 

On February 15 Mr. Diesing, on behalf of himself and Mr. 
Garrett, presented me with a report of the Board of Referees 
or Examiners. Accompanying the same was a letter from Mr. 
Diesing in which he states "All three members of this committee 
agreed to this report paragraph by paragraph as we made it up, 
the purpose being to make an unanimous report. However, after 
the report was written and ready for signature, the representa- 
tive of the Chicago Live Stock Exchange refused to sign. Mr. 
Garrett and the writer did sign." Li a separate written report 
signed by Mr. Everett, he (Everett) states "I approve of the form 
of contract submitted by the majority of the committee in their 
report, and of the suggestions they made therein for the future 
conduct of the business." He, however, in another part of his 
separate report recommends that the selection of the slaughter 
house he left in the hands of the Exchange. 

This report, signed by Mr. Diesing and Mr. Garrett, declares: 
"We interviewed persons who have been identified with the con- 
duet of this business in the past and others who are identified 
with it at the present time. 

"We examined plants where the slaughtering had been done 
under previous contracts and is being done now under present 
arrangements. We investigated the methods of conducting this 



DUNNE — JUDGE, MAYOR, GOVERNOR 697 

business throughout; we examined the contracts covering same 
during the last ten years and ascertained some of the results 
secured under each contract by an examination of the actual 
records." 

The report further states: 

"That as a result of our investigation, which is substan- 
tiated by the records of the Chicago Live Stock Exchange, we 
believe that the said exchange, through its supervising committee, 
have acted in good faith and honestly and have returned to the 
commission firms for the account of the owners of the animals 
slaughtered full proceeds received by the exchange for the prod- 
ucts from the animals, less incidental charges, which we find are 
reasonable and usual. 

'"But, however, there seems to have been a shortage in the 
returns made by the various slaughterers to the Live Stock 
Exchange. The returns were not in accord with the terms of the 
contracts in force. There appeared to be a shortage in certain 
items of offal. The supervision of the work done and the hand- 
ling of the business by the Live Stock Exchange under the differ- 
ent contracts in force from time to time appears to have been 
insufficient to get full returns from the slaughterer under his 
contract. 

"Statements made that the slaughterers retained part of the 
product from the slaughter of State faiimals and to which they 
were not entitled under contract, seem to be substantiated by 
figures taken from the records on file in the Live Stock Exchange 
office." 

The report further states: "From 1905 to the date of this 
report three contracts with the Chicago Live Stock Exchange 
and one with the State Board of Live Stock Commissioners have 
been in force pertaining to the slaughter of State retained 
animals, as follows : 

"No. 1. Standard Slaughtering Co.— From July 1, 1905, 
to March 17, 1914. 

"No. 2. Chicago Packing Co.— From March 17, 1914, to 
July 7, 1914. 

"No. 3. Bismarck Packing Co. — From July 7, 1914, to Decem- 
ber 24, 1914. 

"No. 4. AVestern Packing Co. — From December 24, 1914, to 
date. 

"The first three were under the supervision of the Chicago 
Live Stock Exchange and the fourth under the supervision of the 
State Board of Live Stock Commissioners." 

In demonstration of the results secured under operation of 
thesp various contracts, the committee had drawn from the rec- 



698 DUNNE — JUDGE, MAYOR, GOVERNOR 

ords and submitted to it, with the original records for verifica- 
tion, figures covering cattle killed and handled under these four 
forms of contracts for the following periods : 

"I. Five weeks about October, 1913 — With Standard 
Slaughtering Co. 

"2. Five weeks about October, 1914 — With Bismarck Pack- 
ing Co. 

''3. Five weeks about January, 1914 — With Standard 
Slaughtering Co. 

"4. Five weeks during April and May, 1914 — With Chicago 
Packing Co. 

"We also secured from the office of the State Board of Live 
Stock Commissioners, now in control of the slaughtering work, 
figures demonstrating the four week period ending January 15, 
1915, under an arrangement in force during that period with the 
Western Packing Co. These figures can readily be verified. We 
consider them substantiall}'' correct. A detailed analysis of these 
figures is hereto attached, made a part of this report, and marked 
'Exhibit 5.' 

"Among the important points developed by the analysis of 
these figures are the followijig: 

HIDES. 

"From animals passed for food. 

"All contracts specified green weight of hide to be returned 
by slaughterer. 

"The class of cattle covered by these demonstrations, as in- 
dicated by average live weight, should yield conservatively 6.75 
per cent green weight. 

"The Western is the only one in the figures approximating 
this yield. 

"The others indicated a shortage of about seven pounds to 
the hide, worth about $1.00 per head to the owner." 

The report of the committee further states: "That the jneld 
of offal, including butter fat in the Standard is short on this 
item 24.2 cents in one demonstration and 25.6 cents under the 
other demonstration, for every 100 pounds of live animals handled 
which -were passed for food. Under this contract all parts were 
to be returned by the slaughterer," and that the "demonstrations 
show a shortage of offal under the terms of the contract as 
follows : 

Per cwt., 
live weight. Per head 

"Standard— 1913 34.1 $3 15 

' ' Bismarck— 1914 _ 22.5 1.95 

"Chicago— 1914 12.1/2 1.28 

"Western— 1915 "... " 



DUNNE — JUDGE, MAYOR, GOVERNOR 699 

The report further states : ' ' That the Standard, which, under 
the terms of its contract, was to return all parts of passed and 
condemned animals and retain nothing, yielded the poorest re- 
turns to the owner in this demonstration under this heading, and 
that the returns from the Standard Slaughtering Co. under its 
contract were entirely insufficient." 

The report recommends on the subject of contracting for the 
slaughter: "That such contract be made with the slaughterer 
who will make the best terms, on a competitive basis. The bids, 
for the purpose of securing this business under contract, should 
be considered from all firms that can qualify, by showing suf- 
ficient facilities to do the work as required, and whose plant is 
under full United States Government inspection, and who can 
meet the requirements of the contract as to bond for the faithful 
performance of the same, and give satisfactory assurance of finan- 
cial responsibility." 

The report further recommends: "That persons of expe- 
rience be employed to observe the killing and dressing, and the 
sale and delivery of products, for the purpose of determining 
whether or not the slaughterer is strictly complying with tlie 
terms of the contract." 

The report further recommends : ' ' That in addition to the 
present method of keeping accounts of all cattle covered by State 
inspection, there be added to the present method of acounting 
a system of keeping figures of each week's killing, so that there 
may be established a standard basis for returns. This record 
should show the percentage of live weight yielded in dressed 
beef, hides and butter fat separately for each week, as illus- 
trated by the figures shown in other parts of this report. This 
system will establish a standard yield for each item, which will be 
useful for comparative purposes in determining whether or not 
full returns are received from each week's killing on each item. 
From this standard the results obtained from the slaughter under 
the contract may be checked against the established percentages. 
This, used in connection with the inspection in the slaughtering 
house, should insure a full return from the products of the 
animals. ' ' 

The committee further reported: "That it could not agree 
as to who should let the contract." but recommends, "Whether 
the State Board of Live Stock Commissioners controls the letting 
of contracts or the Chicago Live Stock Exchange, the party not 
letting the contract should have the right to insist upon the 
slaughterer strictly complying with the terms of the contract, and 
should also have the right to investigate and inspect the detec- 
tion, detention, inspection, slaughter and disposition of the prod- 



700 DUNNE JUDGE, MAYOR, GOVERNOR 

ucts of animals slaughtered, and should have access to all of the 
transactions and to all books and records pertaining thereto." 

The committee further reports a form of contract and specifi- 
cations for slaughtering. 

From the foregoing report it would appear that the Live 
Stock Exchange has had the contract of the letting of the con- 
tracts for many years last past, and that up to March 17, 1914, 
it had been letting these contracts to the Standard Slaughtering 
Co., year after year without interruption. 

I have been presented with a certified copy of the records in 
the Criminal Court in Cook County, showing that at the January 
term, 1902, one Frederick Hess, who, I am informed, was at that 
time in the employ of the Standard Slaughtering Co., was indicted 
for keeping for sale a large amount of diseased animals, to-wit, 
steers, the flesh of which was then and there corrupt and un- 
wholesome, and that said Hess was found guilty in the Criminal 
Court under said indictment and fined therefor. 

I am also informed that at that time the Standard Packing 
Co. was slaughtering cattle for the Exchange and that the said 
company has continued from the time of the date of this con- 
viction down to March 17, 1914, to slaughter these suspected 
cattle for the Live Stock Exchange. 

In view of this indictment, and in view of the report of the 
committee as to the shortage in hides of $1.00 per animal, and of 
the shortages in return of offal, butter fat, etc., amounting to 
$3.15 per head, and in view of the fact that the committee fur- 
ther reports: "The Standard, which under the terms of its eon- 
tract, was to return all parts of passed and condemned animals 
and retain nothing, yielded the poorest returns to the owner in 
this demonstration," and that ''The returns from the Standard 
Slaughtering Co. under its contract were entirely insufficient." 
I cannot understand how the Exchange could have continued to 
do business with this company during all these years and still 
claim that it was vigilant of the rights of the owners of the 
slaughtered cattle. 

As there was a shortage of $1.00 per animal per hide and 
$3.15 per head on account of this insufficient return of offal, etc., 
while the Standard Packing Company was doing this slaughtering, 
it must in the aggregate, have amounted to an enormous sum of 
money between the years 1902 and 1914. I am informed that on 
an average the number of cattle slaughtered each week is 250, 
and if this be true, the shortage of $4.15 per head would amount 
to the enormous sum of $54,000 annually. 

I am satisfied from the report that the Exchange has ac- 
counted for all moneys received by it from the slaughtering com- 



DUNNE — JUDGE, MAYOR, GOVERNOR 701 

pany, less reasonable and proper deductions for handling these 
moneys, but I am also clearly of the opinion that the Live Stock 
Exchange did not exercise that vigilance and care in inspecting, 
slaughtering, and securing the full returns from the slaughtered 
animals that it should have exercised, and that great losses have 
resulted therefrom to the owners of lumpy jaw cattle who have 
consigned the same for sale in the Union Stock Yards. 

In my judgment, the recommendations of the committee, ' ' That 
a contract be made with the slaughterer who will make the best 
terms, on a competitive basis ; the bids, for the purpose of securing 
this business under contract should be considered from all firms 
that can qualify by showing sufficient facilities to do the work as 
required and whose plant is under full United States Government 
inspection, and who can meet the requirements of the contract, as 
to bond for the faithful performance of the same, and give satis- 
factory assurance of financial responsibility, ' ' should be carried out. 

I am further clearly of the opinion, in view of the statements 
made in this report that the Live Stock Commission of this State 
must take the responsibility of letting the contracts for the slaugh- 
tering of such animals under the terms and conditions recommended 
in the report signed by Mr. Diesing and Mr. Garrett, giving the 
right at all times to the Live Stock Exchange to be heard at the 
opening of the bids as to any objections that they may have to urge 
against the bidders, the Commissioners to finally let the contract, 
with the approval of the Governor. 

I am further of the opinion that the Live Stock Exchange 
should be permitted at all times to inspect the slaughter house and 
the methods of slaughtering and disposition of the carcasses and 
offal, and that the proceeds of these carcasses and offal should be 
turned over to the Live Stock Exchange for distribution to the 
owners or persons lawfully entitled thereto. 

I am further of the opinion that the practice of selling options 
upon condemned cattle before slaughter should be discountenanced 
and discouraged, as I believe the practice has been used to the great 
financial loss of the owners of the cattle, who are frequently friglit- 
ened into the disposal of their cattle when they are tagged as 
suspects. 

Mr. Everett in his separate report declares : ' ' That more than 
ninety per cent of the lumpy jaw cattle are passed as fit for food 
on post mortem examination." If this be true, the owner of the 
suspected animal has nine chances out of ten of being able to sell 
the carcass of the suspected animal for food fit for human consump- 
tion, and he should not be frightened into selling the suspected 
animal because it has been tagged. 



702 DUNNE— JUDGE, MAYOR, GOVERNOR 



THE ABOLITION OF CAPITAL 
PUNISHMENT. 

Message to the Forty-ninth General Assembly, March 10, 1915. 

Gentlemen of the Forty-ninth General Assembly : 

I respectfully recommend the passage of a law abolishing 
capital punishment in the State of Illinois. 

The strongest, if not the sole logical argument in favor of its 
retention is that it acts as a deterrent upon the criminal and is 
therefore a protection to society against the commission of murder. 
If it proved to be such a deterrent, I would not urge its abolition. 
Experience in the United States does not sustain the contention. 
Capital punishment by law has been placed upon and has remained 
upon the statute books of nearly all of the states of this Nation 
since the inception of their governments. Up to the year 1913, 
only six states of the United States had abolished the death penalty. 
In 1913, the state of Washington abolished capital punishment. 

United States statistics of 1910 show that five of these states 
rank among the twenty states having the lowest per capita of homi- 
cides, all of these five states having a percentage of less than .08 in 
each 10,000 inhabitants. The other noncapital punishment state, 
Kansas, has the same percentage of homicides, 1.01 in 10,000, as 
have the states of Illinois and Maryland, in both of which capital 
punishment has been enforced. 

The twenty-one states of the Union having the highest per- 
centage of homicides, all of which have a greater percentage per 
capita than Illinois, Kansas and Maryland, have capital punish- 
ment in their criminal codes, and such punishment has been duly 
enforced. 

From the foregoing statement of statistics, it will be seen that 
the states having a capital punishment law, rank as a rule among 
the states having the greatest percentage of homicides, while those 
which have abolished capital punishment as a rule rank among 
those which have the lowest percentage of homicides. 

Such condign and repulsive punishment has therefore failed to 
have a more deterrent effect than imprisonment, in the United 
States. 

Why, then, should capital punishment be longer retained in 
Illinois ? 



DUNNE — JUDGE, MAYOR, GOVERNOR 703 

In this State of ours, 651 homicides were committed in 1910, 
after nearly a century's enforcement of this law, while in our 
neighboring state of Wisconsin, where capital punishment has been 
abolished, the percentage of homicides has not been much over 50 
per cent per capita of those committed in Illinois. 

The cold-blooded enforcement of this awful penalty under the 
forms of law is brutal and abhorrent and wrenches the decent sensi- 
bilities of every public official who, by any act or omission, is re- 
quired by law to participate in its enforcement, including the jury- 
men who impose the penalty, the judge who sentences, the Governor 
who refrains from pardoning, the sheriff who superintends the hang- 
ing and the miserable unknown human tool who cuts the rope. 

Taking human life is only justifiable in self-defence. Under 
the pretence of self-defence, the People of the State of Illinois have 
been for years taking human life under the forms of law. As a 
defence of society against murder, judicial taking of human life 
has proved a failure. It has proved to be no defence. 

Imprisonment is equally eft'ective, with less opportunity of 
irrevocable mistake, ' ' Thou slialt not kill ' ' is the law of Christianity 
and should be the law of twentieth century humanity. 

Let us, then, in the name of humanity, replace the punishment 
of death with the punishment of imprisonment, following the prece- 
dent of more humane communities that have not suffered thereby. 

Let us put to death, not the wretched convict, but the law 
which has heretofore taken his life without real advantage to society 
or the State. 

Respectfully submitted, 

E. F. Dunne, Governor. 



704 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE IRISH-AMERICAN CITIZEN. 

Address of Governor Edward F. Dunne of Illinois on Saint 
Patrick's Day, Cincinnati, Ohio, March 17, 1915. 

Mr. Toast master, Ladies and Gentlemen: 

At the present time, more than ever in the history of this Na- 
tion, should the citizen of Irish birth or lineage be careful to place 
his loyalty to the United States above his sympathies with any of the 
European countries, now unfortunately embroiled in war. 

It is now the supreme duty of the American statesmen in Wash- 
ington to preserve the strictest and most impartial neutrality 
between the warring nations and keep this country from being 
embroiled in the awful conflict now raging in Europe. Day by day 
the belligerents in the blind fury of the struggle are trampling 
upon the rights of neutrals and making it almost impossible to keep 
our country from entanglement. 

In this critical situation it is the duty of every citizen of this 
country, no matter what his birth or lineage, to uphold the hands 
of oilr President and Secretary of State in their efforts to preserve 
the peace between America and the warring nations of Europe and 
in the laudable efforts they have been making to bring about media- 
tion between the belligerents. Never in recent history was there 
greater need in this country of moderation, tact, and statesman- 
like diplomacy by American statesmen, and of loyalty and patriot- 
ism by all American citizens. 

To allow this Nation to become engulfed in the European cata- 
clysm would be a stupendous political blunder, if not a political 
crime, which the patriotic President and Secretary of State will not 
commit. Let not then American citizens of any race, no matter 
how they may inwardly sympathize with one or more of the bel- 
ligerents, embarrass our public officials at this critical time by the 
public expression of such sympathies or by participating in meet- 
ings or organized efforts to give contraband assistance to any of 
the belligerents. 

This great, generous, liberty-loving and peace-preserving Na- 
tion has opened wide its doors to all the races of Europe, and 
placed the children of these races upon a political equality with 
her own. Hundreds of thousands, aye, even millions of the children 



DUNNE — JUDGE, MAYOR, GOVERNOR 705 

of all these warring countries are within our gates, enjoying the 
rights of native-born Americans under the pledge made in their 
oaths of naturalization that they would forever forswear allegiance 
to the land of their birth and this oath they should and will keep 
both in letter and spirit. 

Hands off for Europe, hands up for America, should be our 
watchword. Neutral nations in Europe now stand armed cap-a-pie 
not knowing what moment they may be engulfed in the maelstrom. 

Separated from them by three thousand miles of ocean this 
favored land of ours, under the guidance of such devoted apostles 
of peace as President Wilson and Secretary of State Bryan, will 
not become involved if they are not embarrassed by the acts of mis- 
guided sympathizers with the belligerents, who are citizens or resi- 
dents of this Reijublic. 

Let us then in this crisis suppress our racial sympathies, place 
American patriotism and love of country above all other considera- 
tions, and confine our energies during this European war to work- 
ing and praying for a speedy cessation of this awful conflict and 
the restoration of peace among the harrassed and war-smitten 
nations of Europe. 

Let us pledge to our country in the words of Oliver Wendell 
Holmes : 

"One flag, one land, one heart, one hand, 
One Nation, evermore." 

To thee, America, is our first and last allegiance. 

"Our hearts, our hopes are all with thee. 
Our hearts, our hopes, our prayers, our tears, 
Our faith triumphant o'er our fears. 
Are all with thee, are all with thee." 



706 DUNNE — JUDGE, MAYOR, GOVERNOR 



ON THE MANAGEMENT OF THE BIO- 
LOGICAL LABORATORY. 

Statement to the Public, April 9, 1915. 

In the matter of the management of the State Biological 
Laboratory in connection with the operating methods and the 
free distribution of anti-hog-cholera serum to farmers within 
the State, I have upon investigation arrived at the following 
conclusions : 

First. That the present method of free distribution of anti- 
hog-cholera serum is highly unsatisfactory and should be dis- 
continued. 

Second. That the State Biological Laboratory should be placed 
upon a self-sustaining basis. This could easily be done by the 
expenditure of $25,000 for additional buildings and equipment 
which would enable the director of the laboratory to turn out 
five times more serum per annum than has heretofore been 
possible. 

Third. By appropriating not less than 50,000 to be used as a 
permanent operating fund for the production of serum to be sold 
directly to farmers or farmers' clubs at approximately the cost 
of production, with a slight additional charge to cover deprecia- 
tion and upkeep of the plant, satisfactory results could be ob- 
tained and much needed service rendered to swine breeders with- 
in the State, practically without expense to the State. Under 
present conditions the State has annually appropriated from 
$30,000 to $40,000 for the benefit of a comparative few who have 
been supplied with serum gratis at the expense of the State. 

Fourth. Under the proposed plan of operation the laboratory 
can be made self-supporting and at the same time render a useful 
and satisfactory service to a large per cent of swine breeders 
throughout the State. In the event that the General Assembly 
sees fit to effect the proposed change, farmers' clubs should be 
organized for the purpose of combating the ravages of hog 
cholera. Serum should be purchased in advance of inevitable out- 
breaks and placed in cold storage in their respective localities, 
in order that it may become available for use immediately when 
cholera is first discovered in a herd. By this means I am au- 



DUNNE — JUDGE, MAYOR, GOVERNOR 707 

thoritatively advised that losses resulting from hog cholera, even 
in infected herds, can be reduced fully fifty per cent, and inas- 
much as the annual losses resulting from hog cholera within the 
State are conservatively estimated at approximately $3,000,000, 
every possible effort should be made to utilize to the utmost, 
modern means of preventing such losses through the early treat- 
ment of infected herds with serum and by the adoption of sani- 
tary means of preventing the spread of the contagion of hog 
cholera broadcast through the State. 

I am satisfied that flthe proposed plan of operation Avould 
receive the full approval of the agricultural press and practically 
all who are personally interested in the suppression of hog cholera 
in Illinois. 

In substantiation of the foregoing remarks and for the pur- 
pose of proving untrue charges that the cost of producing serum 
during the past year was greatly in excess of that of the preced- 
ing period, the following comparative itemized statements, com- 
piled and presented to me by Dr. 0. E. Dyson, State Veterinarian, 
should be carefully noted : 

STATEMENT. 

Serum produced at the Biological Laboratory, and cost of 
same, March 15, 1914, to March 1, 1915. 

Serum produced during year ending March 1, 1915 5,039,860 cc 

Expenditures covering purchase of hogs, feed, labor 

etc $ 32,101.95 

Salary Bacteriologist and Assistant 5,575.00 

Salary Messenger _ 745.00 

Total cost of serum production $ 38,411.95 

Cash reverting to State Treasurer from sale of hog 

carcasses - 9,642.79 

Total cost of 5,039,860 cc serum $ 28,769.16 

Cost of serum per cc ~ 005.71 

Cost of serum per quart _ 5.71 

Note — During the above period the plant was operated for the pro- 
duction of serum for nine months only, while overhead charges are in- 
cluded for the period of eleven and one-half months. All serum produced 
was tested for potency. All virus used was produced upon the premises. 



708 DUNNE — JUDGE, MAYOR, GOVERNOR 



CAPITAL PUNISHMENT. 

Address to Forty-ninth General Assembly, April 27, 1915. 

Gentlemen of the House: 

I appreciate very much the courtesy that you have extended 
to me in inviting me to be present and express my views upon a 
subject that I think very nearly concerns not only the Governor of 
this State but every citizen in the State of Illinois, and, indeed, I 
think not only the citizens of Illinois, but the citizens of every civil- 
ized country on the face of the globe. 

We have today in this State, and in most of the states of the 
Union, have had for a number of years a law fixing the penalty of 
death for certain crimes in this State. 

Some years ago, when I was judge of the Circuit Court of Cook 
County, and ex officio judge of the Criminal Court of Cook County, 
I became a convert to the view that that punishment ought not to 
be insisted upon in any civilized community. 

While sitting on the bench in the Criminal Court a man was 
tried before me for murder. Prior to his being placed on trial 
before me as a judge of the Criminal Court, this same man had been 
placed upon trial in the same court before another judge and another 
jury, and after a trial given to him under the forms of law, and a 
fair trial so far as I could see, this man was condemned by his 
fellow men sitting upon the jury, to death, and sentenced by the 
judge of that court to death, and were it not for the fact that his 
friends were able to take an appeal and present it, with the record, 
to the Supreme Court of this State, that man would have been 
executed, and any mistakes that might have been made by the judge 
or jury could never have been rectified. That man, subsequently 
was placed on trial before another jury and before myself, and was 
acquitted after fair trial, and I believe, after a careful consideration 
of that report, that the probabilities were very strong that that man 
was absolutely innocent. I refer you to the case in the 188 Illinois 
— Michael J. Synon v. State of Illinois, opinion filed in the Supreme 
Court February 20, 1901. 

The case was reversed, not because of the admission of evidence 
contrary to law; not because of the exclusion of evidence contrary 
to the law ; not because of faulty instructions, but reversed because 



DUNNE — JUDGE, MAYOR, GOVERNOR 709 

of certain statements made by the judge on the bench to the pris- 
oner while the prisoner was a witness upon the witness-stand. That 
was the only thing that prevented his execution; and a fair jury 
afterwards acquitted that man, and I believe to this day that he 
was innocent — Michael J. Synon. That is my personal experience 
in one case. 

Last year in this State a young man named Pfanschmidt, was 
tried for the murder of one of three persons, whom it was claimed 
he killed for the purpose of getting possession of their property. I 
believe one was his father, one was his mother and the other was 
his sweetheart. That man was tried under the forms of law and I 
believe that both the judge and jury were conscientious in giving 
him that trial. He was found guilty by a jury and sentenced by a 
court to be hung. Fortunately for him he had means enough to 
appeal that case to the Supreme Court. The court reversed the 
finding. That man within the last six months, I believe in two 
trials, has been acquitted by a jury of his fellow men, the opinion 
of these jurors being that this man was innocent. 

This illustrates to you the terrible danger that society runs into 
in convicting men and sentencing them to death. 

Cases have been cited by English judges of standing and integ- 
rity, of known cases where innocent men have been strangled under 
the form of law, and this, in my judgment, is one of the reasons why 
capital punishment ought to be abolished. 

The advocates of capital punishment point to the cases of the 
assassination of Abraham Lincoln and of James A. Garfield, and 
say. Would you abolish capital punishment in cases like that ? There 
may be some room for argument there. I believe it should never be 
inflicted. Biit even in those cases, my friends, it was more than 
murder. That was treason against the State, and there may be 
some possible justification for taking the life of a citizen who is a 
traitor to his country and attempting to subvert the law of man by 
murdering its Executive. 

The only logical argument in favor of the retention of this 
awful penalty is that it is a protection to society and acts as a 
deterrent against the commission of murder. If that were true, 
there might be some force in the position that the penalty ought 
to be retained, but I have carefully had the statistics of the Federal 
Government, which are known to be reliable, examined within the 
last few months and I have had them verified from different sources 
and know that they are correct, and here is the result, my friends : 
Does it act as a deterrent ? Statistics carefully preserved show that 
it does not. 



710 DUNNE — JUDGE, MAYOR, GOVERNOR 

The 21 states of the United States that have the greatest per- 
centage of capital punishment have laws upon the statute books 
that have been rigidly enforced for over a century in most of them, 
and they have the greatest number of homicides per capita in those 
states where that penalty has been retained. 

On the contrary, these same statistics show that among the 20 
states having the lowest percentage of capital punishment in the 
United States, that five of the six states that have abolished capital 
punishment are in the number of those having the lowest number 
of homicides per capita, and that the one state where they have 
abolished capital punishment, has exactly the same percentage of 
homicides per capita as the State of Illinois that has had that pen- 
alty upon its statute books for over a century. Capital punishment 
was enforced in the Territory of Illinois before she became a state, 
and has been on the statute books ever since Illinois was admitted 
to the Union, in 1818 down to the present time. 

It is because of the recognition of these facts by civilized com- 
munities throughout the world that legislation is gradually tending 
towards the abolition of capital punishment. 

There was a time in the history of England when 160 offenses 
were punishable by capital punishment, and during the reign of 
Henry VIII, 72,000 people lost their lives judicially as the result 
of violation of the law. In recent times the tendency has been away 
from this capital punishment. 

I am reading from a pamphlet issued by Brand Whitlock, a 
former mayor of Toledo, Ohio, and now consul for the United States 
in Belgium — a man whose integrity, whose humanity and whose 
veracity will not be questioned by any man in this House : 

'' Capital punishment was abolished in Egypt for 50 years dur- 
ing the reign of Sebacon ; in Rome for 250 years ; in Tuscany for 
more than 25 years ; in Russia for 20 years of the reign of Elizabeth, 
and substantially during the reign of her successor, Catherine, and 
has been abolished at the present time in Russia for everything ex- 
cepting violation of the military code. There is no capital punish- 
ment today in Russia for murder. 

"Again: Under Sir James Mackintosh it was prohibited in 
India for seven years ; the state of Rhode Island has done without it 
since 1852 ; Michigan since 1847 ; Maine since 1835 ; Holland since 
1860 ; Saxony since 1868 ; Belgium since 1831 ; it has been abolished 
in Italy, Switzerland, Sweden, Norway, Denmark, Portugal and 
elsewhere. Its abolition has not produced lynchings in those 
places. 

"Within the last two months capital punishment has been 
abolished in the states of Tennessee and one of the Dakotas. It is 
also now in force in Washington, having been adopted in the last 
year or two." 



DUNNE — JUDGE, MAYOR, GOVERNOR 711 

In other places in his pamphlet he goes on to say that those 
states in which there are the greatest number of lynchings in the 
United States, are the states that have retained capital punish- 
ment. 

Six states of the United States, up to the present year, have 
abolished the capital punishment. Of these six states, five of them 
are among the states that have the least number of homicides. 
Minnesota recently abolished capital punishment. Governor Eber- 
hart, on February 11th of this year — 1915 — stated : 

"The death penalty in this State was abolished four years 
ago, with the result that there has been no increase of crime, but 
on the other hand, there has been an increase of about 50 per cent 
in the number of convictions." 

We refer to lynchings as the result of the abolition of cap- 
ital punishment. Let me read from statistics compiled by another 
authority. Legalized murder has been proven wanting, in that 
it is an incentive to more violence. Those states in which there 
are the greatest number of legal executions are the states which 
also have the greatest number of lynchings. Thus, Georgia, in 
the last 21 years, has had 216 hangings and 314 lynchings ; Texas, 
with 171 hangings, also had 235 cases of mob violence. 

This ratio is continued in the North, so there can be no claim 
that it is the result of the negro danger. 

Colorado, in the same time, has had 16 judicial hangings and 
23 lynchings ; Indiana has had 18 lynchings, showing a direct 
connection with its 14 judicial hangings. On the other hand, 
Michigan has not had a single legal hanging and has had but two 
cases of mob murder. Wisconsin, also, without any legal hang- 
ings, has had but two lynchings. These two northern states both 
have a rough population in their mine and lumber camps and 
have had but four cases of lynching. Ohio, Indiana and Colorado, 
with a total of 83 legal hangings, have had 65 lynchings. Cali- 
fornia and Wisconsin have about the same population and both 
have a peculiarly agricultural community. California uses the 
noose ; Wisconsin the life sentence. In the year 1910, as well as 
in the years 1908, 1909, 1911 and 1912, there were six times as 
many murders in California, where they hang people, as there 
were in Wisconsin, where they imprison them for life. 

These statistics show, gentlemen, that the abolishment of 
capital punishment does not provoke mob violence. 

Let me read a little further : Let us go back to our closely 
related states — Ohio, Wisconsin and Michigan, our neighbor 
states. Ohio has twice as many murders in proportion to the 
population as these- other states without the death penalty. Ohio 



712 DUNNE — JUDGE, MAYOR, GOVERNOR 

in the last 12 years has averaged one murder conviction in every 
56,000 people, while Wisconsin only one to every 127,000, and 
Michigan one to every 206,000. 

Gentlemen, while this awful penalty has been on the statute 
books, it must wrench and distort the sensibilities of every jury- 
man who is called to sit upon a capital case, and every judge who 
sits as the presiding judicial officer, and to every governor to 
whom appeals are made for commutation of the sentences, and to 
every sheriff who executes the penalty, while it wrenches the 
decent sensibilities of that unknown human tool who cuts the 
rope. While, I say, that sort of penalty has been upon the statute 
books, it has been enforced by juries, judges and Governors of 
this State, and yet the result in the State of Illinois is that, as 
compared with Wisconsin, just across the line, where they have 
abolished capital punishment, we have nearly twice as many homi- 
cides or murders per capita, as they have in that state. This fails 
to prove that it is a deterrent and that is the only logical reason 
for retaining it upon the statute books. 

Because of the fact that we have this law, many men are 
acquitted or escape being found guilty, because of the natural 
aversion in the natural human being to the taking of the life of a 
fellow man. 

It is because of these facts that I have reached the conclusion 
that it has ceased to be a deterrent in civilized society, and that 
it should be abolished, and in reaching this conclusion, I am glad 
to say that I do not find myself alone. I find in my company such 
men as Dr. Hirsch, Bishop Samuel Fallows — and let me read you 
a list of a few of the men in the present day and in the past, who 
have advocated the abolition of this awful penalty. Sir Edward 
Coke, Lord Bacon, John Bright, Sr., Samuel Romilly, the Marquis 
Becarris of Milan, Sir William Meredith, Sir James Mcintosh, 
Basil Montag, Jeremy Bentham, Edward Livingston, Robert Ran- 
toul, Jr., Sir Thomas More, Rev. William Turner, Lord Byron, 
the Duke of Sussex, Earl Gray, Dymond, Chief Justice Denman, 
Thomas Barret Lennard, M. P., Joseph Hume, M. P., Daniel 
O'Connell, M. P., J. Sidney Taylor, Lord Brougham, Lord Gran- 
ville, Lord Hobart, Earl Russell, Thomas Jevons, Pastoret, La- 
fayette, Montaige, Victor Hugo, Vattel, Oscar of Sweden, Benja- 
min Franklin, William Bradford, John Quincy Adams, Governor 
Edward Everett, Vice President Richard M. Johnson, Elisha Wil- 
liams, Vice President Dallis, Father Mathews, Voltaire, Bishop 
Matthew B. Sampson, Robert G. Ingersoll, Rev. James Murphy, 
Professor T. C. Upham, Governor George Clinton, Governor Sew- 
ard, Cassius M. Clay, Theodore Parker, Judge Benjamin F. Porter, 



DUNNE — JUDGE, MAYOR, GOVERNOR 713 

Charles Sumner, John A. Andrew, Thomas B. Reed, William Dean 
Howells, and a host of other broad-minded men, humanitarians 
and believers in the preservation of society, and it is because of 
these objections to the law that I felt it my duty, as I have done, 
to advise this Legislature to abolish that dread penalty and 
replace it with imprisonment. 

1 thank you, gentlemen, for the opportunity of presenting my 
views. 



714 ' DUNNE — JUDGE, MAYOR, GOVERNOR 



ON THE SINKING OF THE LUSITANIA. 

Statement to the Public, May 8, 1915. 

In the matter of sinking of the Lusitania, 1 am of the opinion 
that American citizens generally, and particularly those in public 
office, outside of the office of the Secretary of State, should not 
in this grave crisis forestall or embarrass the President and the 
Department of State by giving utterance to their personal view? 
in relation to this grave calamity. 

I have implicit confidence in the wisdom, patriotism, diplo- 
macy, and tact of the responsible authorities at Washington, and 
believe that the action that will finally be taken in Washington 
vrill meet with the approval of the American public and avert 
the awful calamity of war, with honor and credit to the American 
Republic. 



DUNNE — JUDGE, MAYOR, GOVERNOR 715 



THE EFFECT OF THE OPENING OF THE 
PANAMA CANAL. 

Statement to the Public, May 11, 1915. 

To show liow the openiug of the Panama Canal has disturbed 
manufacturing and producing interests of the State of Illinois, 
and of the Mississippi valley, to the advantage of the manufac- 
turers and producers on the eastern seaboard, Governor Dunne 
today called attention to a circular issued May 3, 1915, by the 
Upper Mississippi River Improvement Association, calling a con- 
vention to discuss the subject on June 9th, at Dubuque, Iowa, 
vention to discuss the subject on June 9, at Dubuque, Iowa. 

''Owing to the disturbed transportation conditions arising 
from the new rates via the Panama Canal, whereby nearly all 
benefits of the canal are accruing to seaboard, or near seaboard 
points, to the detriment of interior sections of the country, the 
dangers menacing its commercial and manufacturing interests 
thereby, are so grave as to demand immediate and serious con- 
sideration by the shipping public of the Mississippi valley. 

"As the only available and the obvious protection against these 
dangers is the use of the Mississippi River and its tributaries for 
freight transportation, in through bills of lading, without break 
of bulk, we feel fully justified in calling a conference of shippers 
to consider this important matter." 



716 DUNNE — JUDGE, MAYOR, GOVERNOR 



U. S. DIPLOMATIC COMMUNICATION 
TO GERMANY. 

Statement to the Public, May 14, 1915. 

The diplomatic communication forwarded by Secretary of 
State Bryan after a conference with President Wilson and his 
cabinet has been formulated with the utmost caution, circum- 
spection and deliberation. Before forwarding this official docu- 
ment to the German Empire, the President and his cabinet per- 
mitted sufficient time to elapse after the shock occasioned by the 
destruction of so many American noncombatant lives on the 
Lusitania to let reason, law and justice control their official 
deliberations. 

Now the Nation has spoken through its President and Secre- 
tary^ of State, and the patriotic citizens of the Republic will stand 
loyally behind the President and his advisers and continue to give 
their loyal support to the President to the end of the chapter. 



DUNNE — JUDGE, MAYOR, GOVERNOR 717 



ON THE OPPRESSION OF THE POLES. 

Address to Chicago Polish Society, May 20, 1915. 

Mr. Chairman and Ge^itlemen: 

Most of the great nations of the earth have had their tragedies 
as well as their triumphs. 

Rome, once ruler of the world, lived to see the day when 
Attila and his Huns ravaged her temples and desecrated her 
sanctuaries. Carthage, proud mistress of the Mediterranean, 
had her palaces razed and her peoples destroyed by the Roman 
legions. France, after dictating terms of submission to most of 
the nations of Europe, was compelled to sign humiliating terms of 
surrender in her own capital. 

So Poland has had her days of triumph and her days of 
disaster. She triumphed at Tannenberg over the Teutonic knights 
and again at Vienna when brave John Sobieski saved Europe 
and western civilization from destruction at the hands of the 
Ottoman horde. But she has also had her days of tragedy when 
the glorious kingdom which stretched from the Baltic almost to 
the Black Sea, and from the Oder to the Dnieper, was blotted from 
the face of the earth by the Austro-Prussian-Russian coalition. 

Since that awful tragedy, when over twelve million of the 
bravest people of Europe lost their right of nationhood, the story 
of Poland has been one of sorrow, tribulation and disaster. In 
nearly every war that has convulsed central Europe, the com- 
batants have made the soil of Poland the chosen battlefield. The 
tide of battle has surged to and fro across her ravaged field and 
plundered cities. She has become the Niobe among the nations, 
helpless, almost hopeless, in her sorrows, but commanding the 
sympathy of the world. 

We are here today not to right her political wrongs, not to 
restore her independence, not to place her again among the 
nations of the earth, but to sympathize with her in her agony and 
to devise means to relieve the terrible distress of her noncom- 
batant women and children. 

Much as her heroic past and distressful present may appeal 
to our sense of chivalry, we cannot at this critical time, when 
most of the civilized nations of Europe are engaged in the most 
widespread and disastrous war in all history, do aught but pre- 



718 DUNNE — JUDGE, MAYOR, GOVERNOR 

serve the strictest neutrality in word and action. We must, as 
loyal sons of this great Republic, remember this country must not 
by any act or speech of its sons, either in public or private life, 
in any way involve this Nation in the war madness of Europe. 

That men and women in America, of German, French, British, 
Russian, Polish, Belgian and Italian blood should sympathize with 
men and women of the same races in Europe is natural and in- 
evitable, but the impropriety of expressing such sympathies at 
this time in this great cosmopolitan country, is manifest. 

No matter to what race we belong, no matter whether we our- 
selves or our fathers or grandsires came from one of these 
warring countries, we, all of us, are and must now and hereafter, 
first, last, and at all times be American citizens. We owe alle- 
giance to but one country, we salute but one flag, we uncover 
to but one anthem, and we must live and die but for one land, 
the land we love and live in, the greatest and freest republic on 
the face of the earth, America. 

This land, this Nation, must be kept out of this awful conflict. 
In the mad fury of the conflict the warring nations of Europe are 
on both sides trampling upon the rights of neutrals and may — 
though God forbid — drag us into the maelstrom of war. Let 
every citizen of the Republic, then — native and foreign-born — 
be circumspect in every act and deed during the continuance of 
this awful conflict. Deep down in your hearts you may have your 
racial sympathies burning hot and constant, but as loyal Ameri- 
cans, bank the fires within you and by neither word nor act 
provoke racial discussion or controversy. 

As there was but one God, Jehovah, in the Jewish testament, 
let there be but one Goddess in American political testament, 
Columbia. 

We cannot and will not participate in any way in the politi- 
cal struggles of Europe at this critical time, but we can and will 
sympathize with the distressed and starving women and children 
noncombatants in the terrible conflict and make every possible 
effort to give them succor and relief. The cry of the Avomen and 
children of Poland should be heard and answered throughout the 
land. Some method must be devised of getting to them and 
saving them from the most awful of deaths, starvation. 

Poland in her agony calls to the world for succor. That cry 
will not fall on deaf ears in this great and prosperous land. I 
sympathize with the mothers, wives and children of the brave 
German, French, British, Russian, Italian, Austrian, Servian and 
Belgian soldiers who are risking and giving their blood and lives 
in their countries' cause, but above all I sympathize with the 



DUNNE^JUDGE, MAYOR, GOVERNOR 719 

starving women and children of Poland, because I believe from 
all I hear, that their pitiable plight is the most terrible of all 
in Europe. 

May God pity and relieve these helpless people in their ex- 
tremity and may the charity of the world make speedy answer to 
her wail of anguish and despair. 



720 DUNNE — JUDGE, MAYOR, GOVERNOR 



GRATIFIED AT VOTE ON THE WATER- 
WAY BILL. 

Statement by Governor to Chicago Tribune, May 25, 1915. 

I am naturally much gratified over the splendid vote that the 
waterway bill received in the lower House today. I am particularly 
gratified to know that so many Republicans placed the interest of 
their State above partisan politics. The proposition from the start 
was a pure, clean business proposition without an element of poli- 
tics in it. 

Since the opening of the Panama Canal, I, in common with 
many of the citizens of the State of Illinois, have been of the opinion 
that unless this waterway were opened the opening of the Panama 
Canal would prove a disaster rather than a benefit to the State of 
Illinois. The members of the Legislature acted in accordance with 
their honest convictions, and I believe even those who opposed the 
bill will be of the opinion before many months have passed that 
the measure just passed by the lower House is for the best interests 
of the State of Illinois. 

I feel grateful to all who have supported this measure. The 
business interests of the State showed splendid vigor and intelli- 
gence in favoring its passage. In the great number of persons who 
have given valuable assistance to the passage of this bill it would 
be invidious to single out the names of any individuals. 



DUNNE — JUDGE, MAYOR, GOVERNOR 721 



UPON THE PASSAGE OF THE WATER-. 

WAY BILL. 

Statement to the Public, May 27, 1915. 

In the passage of the waterway bill by both Houses of the Legis- 
lature this week, the State of Illinois is to be congratulated upon 
the fact that the members of those bodies, irrespective of politics, 
put the interest of the State of Illinois ahead of political considera- 
tions, and looked to the interest of the State rather than to political 
advantage. 

A navigable watei*way from the Lakes to the Gulf has been the 
prophecy and recommendation of the statesmen of Illinois since 
before its admission to the Union of States. That prophecy and 
recommendation has finally blossomed into a reality in so far as the 
Legislature is concerned. 

The law just passed will enable the State of Illinois, unless 
some unforeseen and unrecognized legal difficulties intervene, to 
open up to the commerce of the Lakes an unobstructed passage from 
the Great Lakes to the Gulf and thus take advantage of the revolu- 
tion in commerce which has resulted from the opening of the 
Panama Canal. 

The law will go into effect on July 1, this year, and I hope 
to have the commission provided by law organized for effective 
work at that time. The work should be constructed promptly, effi- 
ciently and economically, and devoid of all selfish interest of any 
character. 

When this waterway is opened to public navigation I predict 
that it will be recognized of as State-wide importance and not in 
the interest of any particular locality or class of citizens and that 
a tremendous commerce will develop between the Great Lakes and 
the Gulf. 



722 DUNNE — JUDGE, MAYOR, GOVERNOR 



ILLINOIS WATERWAYS. 

Address before Western Economic Society, Chicago, June 1, 

1915. 

Mr. Chair man and Gentlemen: 

The bill just passed by the Legislature known as the Illinois 
Waterway Bill, and which is now pending before the Governor for 
his approval, provides for the issuance of not to exceed $5,000,000 
worth of bonds for the construction of a waterway at least eight 
feet in depth between Lockport and Utica. 

For a proper understanding of the merits of the project the 
public should be informed of the physical surroundings of the same, 
which are as follows : 

From the Chicago River southerly to Lockport in the Sanitary 
District canal there is a channel about twenty miles long, twenty- 
four feet in depth, and 160 feet wide in rock sections. From Lock- 
port southerly to Joliet for about three miles there is a channel of 
from ten to twenty feet in depth. From Joliet to Starved Rock 
Park, which is located just above Utica, there is a stretch of water- 
way for sixty-five miles, in which there is no navigable channel, 
alongside of which lies the old Illinois and Michigan canal, origin- 
ally constructed thirty feet wide at bottom and six feet deep, now 
scarcely four feet in depth. 

Over this stretch of sixty -five miles the Des Plaines River and 
its continuation, the Illinois River, flows over a ledge of rocks with 
a declivity of about 100 feet in the sixty-five miles. About nineteen 
miles southeasterly from Joliet, across the Des Plaines River, is the 
projected dam of the Economy Light & Power Company, now under 
suspended construction. The rights of that company to this dam 
were acquired under a questionable lease obtained by that company 
about ten years ago from the then trustees of the Illinois and 
Michigan Canal. 

Both Governor Deneen and myself have been endeavoring for 
years in the courts to invalidate this lease, but so far the State has 
been unsuccessful in every decision rendered. Southeasterly from 
Utica to Grafton, where the Illinois River empties into the Missis- 
sippi River, there is a God-created channel in the Illinois River seven 
feet in depth, which by dredging can be increased to a depth of 
eight feet at small cost. Thence from Grafton in the Mississippi 



DUNNE — JUDGE, MAYOR, GOVERNOR 723 

River to Cairo we have a channel of eight feet in depth without any 
prospect in a generation at least of securing a greater depth. 
United States engineers have advised the Federal War Department 
that the expense of securing a greater depth in the Mississippi River 
between Grafton and Cairo would be so costly as to make it a com- 
mercial absurdity at this time, and these engineers have in the past 
recommended an eight to nine-foot channel from Joliet to Utica. 

With this statement of the physical situation, let us now con- 
sider what is proposed in the bill just passed by the Legislature. It 
provides in the law for the deepening and using of the old Illinois 
and Michigan canal for twenty miles between Joliet and Dresden 
Heights, Dresden Heights being just south of the Economy Light 
& Power Company's dam hereinbefore mentioned, thence deepening 
the channel to at least an eight-foot depth, and 150-foot width in the 
Illinois River and its use as a waterway for forty-five miles from 
Dresden Heights to Starved Rock, which is located just above Utica, 
except for about two miles at Marseilles, where the waterway chan- 
nel is diverted from the river to a by-pass along the south side of 
the river and thence back to the river after passing the private dam 
and water power of the Marseilles Water and Power Company, this 
diversion being made for the purpose of avoiding any legal delays 
or complications with that company, which now maintains a dam 
and electric light plant at Marseilles. If this project, as above out- 
lined, be carried out it will be seen that it would afford the people 
of Illinois a continued waterway eight feet in depth from Lake 
Michigan to Cairo, and thence by the Mississippi River to New 
Orleans and the Gulf of Mexico. 

Heretofore there has been a wide divergence of opinion be- 
tween engineers as to the depth of the proposed waterway. Some 
have advocated twenty-four feet, some fourteen feet, some eight 
feet and some even the rehabilitation of the old canal at a depth 
of six feet. In view of the fact that the Federal Government 
maintains a channel of only eight feet in the Mississippi River 
between Grafton and Cairo, and in view of the further fact that 
there is no probability of a greater depth being attained in the 
Mississippi River between the said points for a generation at least, 
it occurred to me after reading the report of the Federal 
engineers as to the condition of the Mississippi River and its depth 
of eight feet that it would be a great mistake, now that the Pan- 
ama canal is open to commerce, to attempt the construction of any 
waterway at present in the Illinois and Des Plaines Rivers be- 
tween Lockport and Utica at a greater depth than the channel 
in the Mississippi River. 

I have been and am still of the opinion that it will not do for 
the State of Illinois to delay the construction of an eight-foot 



724 DUNNE — JUDGE, MAYOR, GOVERNOR 

channel if such a depth can be secured at the present time with- 
out jeoparding the future depth of the Illinois River in the event 
that a greater depth could hereafter be obtained in the Missis- 
sippi River. I, therefore, conferred with civil engineers, Cooley, 
Kell}', Shaw and Sherman, and asked them if they could not de- 
vise some engineering plan under which we could acquire, at 
once, the same depth in the Illinois River that we now have in the 
Mississippi River, and thus open the Illinois River to commerce 
without prejudicing the further depth of the river in the event 
that at some time in the future engineering science could bring 
about a greater depth in the Mississippi. These engineers after 
carefully examining the subject matter made a unanimous report, 
in which report was developed a scheme for the construction of 
an eight-foot waterway between Lockport and Utica. That 
scheme with some amendments demanded by local conditions at 
Dresden Heights, Marseilles and Ottawa, has after the fullest dis- 
cussion in the press and before committees of the Legislature, 
been tinally adopted and crystallized into the law. 

The project will cost the State of Illinois not to exceed 
$5,000,000, which is to be paid for by the issuance of bonds not to 
exceed that amount. The waterway power to be developed at 
Starved Rock and at Joliet at the present time will, it is estimated 
by these engineers, not only pay the interest upon those bonds but 
will pay a large amount every year into the sinking fund to retire 
these bonds at maturity. Further water power to be developed 
hereafter at Brandon road in the Des Plaines River a few miles 
south of Joliet, Avill develop much greater water power, suffi- 
cient in amount to retire all bonds which may be issued for the 
construction of the same, before maturity. 

The plan contemplates the using of the Illinois and Des 
Plaines rivers for forty-five miles at the present time, and the use 
temporarily of about twenty miles of the old Illinois and Michi- 
gan canal between Joliet and Dresden Heights. The temporary 
use of the canal for this twenty miles at the present time is neces- 
sitated by the fact that the Economy Light and Power Com- 
pany's lease prevents our utilization of the river at the present 
time between Dresden Heights and Joliet without paying this 
company a very large amount of money to cancel their lease. It 
is our intention to proceed promptlj^ with the construction of the 
waterway between Dresden Heights and Starved Rock over the 
forty-five miles in which the river channel is used, and to en- 
deavor in some way to procure a surrender, or cancellation, or 
make some arrangement with the Economy Light and Power Com- 
pany under which we can utilize the river between Dresden 



DUNNE — JUDGE, MAYOR, GOVERNOR 725 

Heights and Joliet. Failing so to do, we will use temporarily the 
old canal between these points, enlarging the locks and deepening 
the old canal to an eight-foot depth. A very valuable water 
power plant exists at Brandon Road a few miles south of Joliet 
in the Des Plaines River, which if developed will produce an enor- 
mous water power for the beiiefit of the State. 

A navigable commercial waterway between the Great Lakes 
and the Mississippi River has been the prophecy and recommenda- 
tion of every great statesman in Illinois from the day of Pere 
Marquette in 1763, when he crossed the portage between the 
Des Plaines and Chicago Rivers, dowai to the present day. That 
prophecy and recommendation seems to be realized so far as leg- 
islative action is concerned, by the law just passed. I believe 
a tremendous commerce wall be developed over this waterway as 
soon as it is opened to the public. 

The city of New Orleans has already spent $9,000,000 in 
the construction of its municipal docks and wharves, preparing 
for a trade that must inevitably come down the Mississippi valley 
en route to the Pacific coast. New Orleans is '900 miles nearer 
the Panama canal than the ports of New York, Boston and Phil- 
adelphia. By reason of the revolution in commerce resulting from 
the opening of the Panama canal, Illinois manufacturers have 
found it cheaper to ship by rail to New York and thence by ocean 
steamer to the Pacific coast, than to ship direct to the Pacific 
coast by rail, thus entailing a great handicap on Illinois pro- 
ducers in competition with producers on the eastern seaboard. 
This handicap will be removed as soon as the waterway is opened 
between the Great Lakes and the Gulf. 

This project is of enormous value to the whole State of Illi- 
nois. It will cheapen freight rates between the Gulf of Mexico, 
which must redound to the benefit of this great manufacturing 
and agricultural State. 

To let the waterway proposition linger along as it has done 
for the last quarter of a century with nothing done in the way 
of opening up a practical channel would be a commercial, finan- 
cial and political blunder. The State has awakened to the neces- 
sity of a commercial waterway, and has provided for the opening 
of an eight-foot waterway, and I believe the results will be of 
enormous value to the whole State of Illinois. 



726 DUXXE JUDGE. MAYOR. GOVERNOR 



NATURALIZED CITIZENS. 

Address at Sprixgfield, Illinois, July 4. 1915. 

jlr. Chairman, Ladies and Gentlemen: 

It is appropriate that on the anniversary of the birthday of 
the Nation that this meeting should have been arranged for the 
purpose of enabling the native born citizenship of the community 
to extend the right hand of fellowship to the newly naturalized 
citizens who have within recent years taken the oath of allegiance 
to this Republic and severed the ties which bound them politically 
to the land of their nati^dty. The native born citizen has become 
by this voluntary act of the naturalized citizen a brother to the 
foreign born, who has become entitled to all of the rights and privi- 
leges of the native born citizen save and except eligibility for two 
offices, namely, the Presidency and the Vice Presidency. 

In every other respect he stands under the law of this Republic 
on equal terms with the native born citizen. In return for these 
tremendous advantages, given so generously by the fundamental 
law of this Republic, he should and will give to this country, as he 
has always done in the past, his full loyalty and devotion. It is not 
in the nature of things that he can forget the land of his nativity ; 
its history, its traditions, its language, its folklore, its music or its 
pastimes. Such is not demanded of him by the law of this land. 
But while he cannot in the nature of things forget, nor should he 
forget, his old associations in his native land, he must remember 
at all times that his first loyalty and love is to the country of his 
adoption. 

At the present time when most of the great nations of Europe 
are embroiled in a tremendous and deplorable war it is possible that 
the naturalized citizen, whose kith and kin may be found on the red 
line of battle, will s^nnpathize with his kindred and in his inner soul, 
may wish and hope for the success of his native land, but expression 
of these sjonpathies at the present time where men of different 
strains may be congregated is apt to lead to controversies and dis- 
agreements and might tend to involve this peace loving Republic 
in this awful warfare. It is the part, therefore, of wisdom and dis- 
cretion, no matter how we may feel or how strongly we may s\Tnpa- 
thize in secret with one or other of the contending nations, to avoid 



DUXXE JUDGE, MAYOR, GO\'ERXOR 727 

as American citizens, the utterance of auj- views v.-hicli might 
embarrass this country in maintaining the strict neutrality which 
must and should be preserved during the whole of this warfare. 

The paramount duty of this Nation at the present time is to 
observe and enforce the strictest neutrality, and every citizen of 
this country, whether he be native born or naturalized, should do 
everything in his power to uphold our officials in Washington in 
carrying out such neutrality. 

In the War of the Kebelliou. the naturalized citizen proved 
.his devotion to this country, whether he came from the banks of 
the Elbe, the Ehine, the Loire or the Shannon. They shed their 
blood and gave up their lives to maintain the integrity of this 
country, and if a juncture should ever arise in the future when 
this Nation would become embroiled with any other nation. I know 
that the same reliance can be placed upon the naturalized citizen 
to do his full duty towards his adopted country. 

The naturalized citizen sliould know but one flag, and but one 
Nation, and give his unquestioned loyalty to that flag and that 
Nation, the Nation in which he lives and to which his first and last 
devotion is due. In return for this allegiance and loyalty the 
American Nation has given and will give to the naturalized citizen 
the full panoply of its protection both from oppression abroad and 
violence within. 

America welcomes you with open arms and generous heart and 
in return for that welcome I am confident that the naturalized citi- 
zen will give to his adopted country loyalty, even unto death. In 
peace and in war you should participate in all that concerns the 
weU-being of your adopted land. Every right of citizen is at your 
disposal. In times of peace by your ballot exercise your franchise 
for the enactment of good laws and the selection of good men. and 
in time of war. if called upon, ally yourselves under your country's 
flag no matter what flag may fly above its enemies. 



728 DUNNE — JUDGE, MAYOR, GOVERNOR 



ON RAISING LEGISLATORS' SALARIES. 

Statement to the Public, July 4, 1915. 

I have approved House bill, No. 386, being an act which raises 
the compensation of the members of the General Assembly to be 
elected in the year 1916 and thereafter, from $2,000 to $3,500 for 
the term for which they are elected, to-wit: for the term of two 
years. 

In signing this bill I believe that I am actuated solely in so 
doing by the public interest, and that the law will redound to the 
public benefit. At the present time the salary of the members of 
the Legislature is $2,000 for the term for which they were elected, 
or $1,000 per year. 

I am reliably informed that since the enactment of the direct 
primary it costs members of the Legislature from $500 to $1,500 
and sometimes more, in all contested candidacies. Most of these 
expenses are incurred for advertising, printing, lithographs, hiring 
of halls, music, etc., which are entirely legitimate expenses in 
exploiting the candidate's claim for popular support. 

In some few cases where candidates are unopposed the expenses 
of election may not be to exceed $500, but these cases are the excep- 
tions. I think that I am safe in declaring that the average legiti- 
mate expenses of a candidate for member of the Legislature is 
$750. After the election he is compelled to attend at least one 
session of the Legislature, which, judging by the last three sessions 
of the Legislature, lasts close on to six months. The member is also 
compelled at times to attend special sessions of the Legislature out- 
side of the regular session. 

In attendance at these sessions of the Legislature the member 
is compelled to live in Springfield at least four days out of every 
week. Five days a week he must spend away from home, either in 
Springfield, or in going from or coming to Springfield. The cost 
of living in Springfield to the ordinary legislator must average at 
least five dollars a day. His living expenses in Springfield, and his 
railroad fare to Springfield and return must cost him on the average 
about $30.00 a week. An attendance of twenty-four weeks such as 
occurred during the sessions of 1913 and 1915, at $30.00 a week 
would amount to $720.00. Adding this $720.00 to $750.00 average 
expense of election, would make each member of the Legislature 
expend legitimately and fairly in securing his election and living 



DUNNE — JUDGE, MAYOR, GOVERNOR 729 

in Springfield, in the neighborhood of $1,500, leaving to the legis- 
lator as his compensation for the two-year term a bare $500 or $250 
a year. This is the situation at the present time. 

It leaves the legislator vs^ith such spare compensation a prey 
to the wiles and artifices of the professional lobbyist, ever at hand 
to cajole and corrupt the weak and unwary representative of the 
people. Such inadequate compensation in the past has been con- 
ducive to weakness on the part of the legislator, if not to corruption. 
Men in public life should not be exposed to the temptations pro- 
duced by such a situation. 

The member of the Legislature is charged with the performance 
of one of the most responsible duties of public life, to-wit: the 
making of the laws of a great State, which affect the lives, liberty, 
welfare and happiness of the whole community. 

The compensation paid to the men who are called upon to 
perform these tremendous duties should be commensurate with the 
importance of these duties. The raising of the compensation of the 
members of the General Assembly to a decent figure, in my judg- 
ment, will inevitably result in enabling the members of the Legis- 
lature to resist the wiles of the tempter and to induce men of 
character, who must and can live upon a decent wage, to become 
candidates for these important offices. 

Years ago the members of the city council of Chicago were paid 
grossly inadequate salaries with the result that franchises of enor- 
mous value to the city were handed over to corporations under 
ordinances which manifested a reckless disregard of the rights of 
the community. In recent years that city has changed its policy 
and now pays its aldermen $3,000 a year, with the result that the 
character of the council and its personnel has been elevated and 
strengthened to a remarkable degree. A Chicago alderman attends 
one meeting a week for ten months in the year or not to exceed 
forty-four meetings. In two years his duties require his attendance 
at eighty-eight meetings, for which he is paid $6,000. It is true 
that he frequently attends committee meetings during the week. 

A member of the Legislature during the twenty-four weeks of 
the session that he spends in Springfield is also expected to attend 
committee meetings, some of which meetings last far into the night. 
Some of the legislators remain over and spend seven days a week 
in Springfield. On the whole a member of the Legislature spends 
more time in Springfield during the two years he is a member than 
does the Chicago alderman in the city council. Moreover the Chi- 
cago alderman is not compelled to leave his home or neglect his 
private business as is the legislator. His expenses of living are, 
therefore, much less than the expenses of the legislator and his 
private business does not suffer by his absence from home. 



730 DUNNE JUDGE, MAYOR, GOVERNOR 

I am convinced that the raising of the salaries of the members 
of the Legislature will be conducive towards the selection of good 
legislators and the enactment of good laws. 

The laborer is worthy of his hire. The labor of a legislator is 
of tremendous importance and if decent legislation is expected of 
decent men these decent men should be paid a decent wage. I am 
glad to know the views hereinabove expressed are entertained by 
the Legislative Voters' League, which has concerned itself for 
years with the character of the men in the General Assembly and 
the character of the laws of the State of Illinois. That organization 
has lately publicly announced that in the opinion of the League a 
salary of $3,500 for a member of the Legislature is reasonable and 
that the members of the Legislature were justified in voting therefor. 



DUNNE — JUDGE, MAYOR, GOVERNOR 731 



GOVERNOR VETOES MOTION PICTURE 
CENSORSHIP. 

To the Hon. Lewis G. Stevenson, Secretary of State. 

I hereby veto and return without my approval S. B. 382. 

If this bill became a law, it would mean double taxation upon 
those engaged in the motion picture business in the city of 
Chicago. 

Further, I can find no genuine demand for such a law in the 
State. 

In my opinion such a law is unwise and unnecessary and I 
accordingly veto same. 

Respectfully submitted, 

E. F. Dunne, Governor. 

July 12, 1915. 



732 DUNNE JUDGE, MAYOR, GOVERNOR 



EMANCIPATION EXPOSITION. 

Address on Its Opening, Chicago, August 22, 1915. 

Mr. Chairman, Ladies and Gentlemen: 

We meet today to demonstrate in the most conclusive manner 
the effect of freedom on the human race. We meet to prove the 
worthiness of the black man for equality under the law. Fifty 
years ago, within the personal memory of many of us here today, 
the black man, before the law, was a thing and not a man ; a chattel 
and not a human being. That such could have been the law in any 
civilized country within the last half century seems incredible, yet 
it took a mighty war and the sacrifice of millions of human beings 
to wipe out this awful anomaly. What has been the result? Four 
million human chattels as the result of that war and the declaration 
of emancipation that resulted therefrom have developed into ten 
millions intelligent and peaceful, productive citizens of this Repub- 
lic; four million illiterate, uneducated, propertyless human beings 
have developed into ten millions fairly well educated, property- 
owning citizens. I doubt if, in the history of the world, such 
tremendous progress has been made in so short a time. 

''De profundis ad astra. " From the depths of poverty and 
slavery, a race has arisen into the starlit heaven of prosperity and 
liberty. 

In 1865, 90 per cent of the black race of America was wholly 
illiterate; today 70 per cent of the same race can read and write, 
and possess the education given by the grammar schools. The 
aggregate wealth of the four million black slaves in 1865 did not 
exceed a million and a quarter of dollars ; today these black men 
and their descendants own a billion dollars worth of property. In 
1863 there was but one college open to the black man in the United 
States ; today he maintains successfully four hundred. In '63 there 
was not a black physician, lawyer or banker in the United States; 
today there are over five thousand. In '63 the black man had but 
one newspaper ; today he has four hundred. In '63 he had but four 
hundred churches ; today he worships God in over thirty thousand. 

Within fifty years the black man has been developing skilled 
and scholarly men in all the professions. lie has enriched literature 
by nearly six thousand books and periodicals, and given seven thou- 
sand compositions to the music of the world. Above all, and beyond 



DUNNE — JUDGE, MAYOR, GOVERNOR ISS 

all, in so far as the rank and file of the colored race is concerned, he 
has been developing an aptitnde for the tilling of the soil and the 
acquisition of the same. There, in the cultivation of his own soil, 
he becomes, in truth, his own master. The percentage of black farm 
owners and farm workers within the last decade has been enor- 
mously increased. The percentage of increase among the black men, 
strange to say, is nearly double the increase among the white men 
in the acquisition and development of the farm. All this develop- 
ment has gone on in spite of race prejudice, race hatred and, in 
many cases, in spite of unjust laws. 

Let us then do honor where honor is due ; let us congratulate 
our black fellow citizen upon the splendid progress he has made 
politically, religiously and economically. Let us extend to him the 
hand of encouragement and sympathy, and let us hope that the 
progress that he has made within the last half century, wonderful 
as it is, will be but the forerunner of the greater progress yet to be 
made in the years to come. 

The wisdom, justice and humanity of the Great Emancipator, 
the martyred Lincoln, has been amply vindicated by the history 
of the black man during the last half century and will continue to 
be vindicated by the further progress of the race in the ages yet to 
come. 



734 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE ABOLITION OF CAPITAL 
PUNISHMENT. 

Address to Governors' Conference, Boston, August 25, 1915. 

Mr. Chairman and Gentlemen : 

In 1901, there was convicted of mnrder, in the city of Chicago, 
one Synon; he was condemned to die. 

His case was appealed to the Supreme Court which reversed 
the lower court, because of objectionable remarks by the trial judge 
while the accused was on the witness stand. 

Synon 's second trial was held in the court over which I had, 
at that time, the honor to preside. He was acquitted after many 
reputable men had testified that he was four miles from the scene 
of the crime when it was commmitted. 

This man was saved by a few harsh and prejudicial words of 
the judge, before whom he was first tried ; and thus the errors, upon 
which he was able to appeal, became the means through which it was 
possible for him to establish his innocence. Only those words, which 
the court had committed an error in uttering, stood between him 
and the death penalty, between justice and the cruel tragedy of 
which my State would have been guilty. 

Only a year or two ago, Ray Pfanschmidt, a young man living 
near Quincy, in my State, was accused of murdering his father, 
mother, and sister and of burning the house over their dead 
bodies. He was convicted of the murder of his father and sentenced 
to the gallows. Fortunately, he was able to appeal to the Supreme 
Court where a new trial was granted. A change of venue was taken 
and in another county he was acquitted. 

A few days ago one of our most honored judges, a man who 
has served our judiciary with splendid efficiency, resigned and 
retired, I am told, a disappointed and broken-hearted man. For 
nearly twenty years he has carried a growing burden of suspicion 
that two men he had sentenced to State prison for life were inno- 
cent. Twenty-two of the judges of Cook County, including this 
judge, have stated to me, in writing and by word of mouth, their 
opinion that these two men were not guilty. The records of the 
case, viewed in the dispassionate light of today, reveal strikingly 
flimsy evidence on which to convict of murder. 



DUNNE — JUDGE, MAYOR, GOVERNOR 735 

Our Legislature this year enacted a law making it possible 
to parole life men after they have served twenty years; and the 
first act under this new law was the release of these two men. 

What a tragedy! What a stain upon Illinois' name would 
have been the execution of these two men if they had been sentenced 
to death. Even the ages could not have removed it. 

It was such cases as these that have set me to thinking and 
investigating and my conscience, reinforced by the results of my 
inquiries, has made me a firm believer that capital punishment is 
wrong in theory and in act. 

Before our last General Assembly I urged repeatedly the repeal 
of our capital punishment code, recommending it in my messages, 
and pleading for it in person before both houses of the Legislature. 

The repeal bills failed, but I am quite sure the agitation they 
stirred up has had a marked and beneficial effect upon the State's 
conscience and has aroused and formulated a new public opinion. 
The press and the leaders among men and women engaged in the 
great humanitarian enterprises of our State rallied to the measure 
with a wonderfully inspiring spirit. 

The principal argument advanced in support of capital pun- 
ishment is that it acts as a deterrent. If I could convince myself 
that this were true, my views might be dift'erent. If society 
needed this awful penalty to protect itself, on the theory of self- 
defense, there might be some force and logic in the argument 
of those who favor its retention, because society collectively ha? 
the same right that a man individually has to protect its life. 

I doubt if it ever did deter. I am certain that it does not 
now deter. On the contrary, all the evidences of history and of 
statistics are that it never did deter. We find on consulting 
our history that, in the days when the penalties for crime were 
the most severe, crimes themselves were the most numerous. 

In England, in 1699, there was an agitation for penal reforms. 
At the beginning of the eighteenth century. Pope Clement XI 
established a juvenile prison. Over its doors appeared these 
words: ''Clement, XI, Supreme Pontiff, reared this prison for 
the reformation and education of criminal youths and to the end 
that those who, when idle, had been injurious to the State, might, 
when better instructed and trained, become useful to society." 
Inside the prison, printed on a slab, ^vere these words: "It is 
little use to restrain criminals by punishment unless you reform 
them by education." 

Reforms lagged until 1728, when they w^ere again urged with 
force. Chancellor Blackstone, in 1765, published his commen- 



736 DUNNE — JUDGE, MAYOR, GOVERNOR 

taries and laid before the English people the utter folly of awful 
and extreme penalties. Penal reform in our English system may 
be said to have begun then. 

But even at the opening of the nineteenth century, the Eng- 
lish criminal code was excessively rigid and bloody. 

Parliament, in March, 1816, repealed the death penalty for 
larceny. At that time George Barnett, a boy of ten years, under 
conviction of larceny, was in Newgate prison awaiting execution. 

Punishment by death at one time in England could legally 
be inflicted for more than two hundred different offenses. It 
was a capital offense to pick a man 's pocket, to steal five shillings 
from a shop, to catch and steal a fish, to cut down a tree, to harbor 
an offender against the excise law^s, to steal a sheep, or an ox or 
a horse, to commit larceny of almost any kind. Seventy-two 
thousand thieves were hanged at the average rate of 2,000 a year 
during the reign of Henry VIII. Some offenses at that time were 
punishable by boiling to death. One morning during the reign of 
George III, before the rising of the sun, in the city of London, 
twenty persons were executed for stealing from the person. In the 
year 1785, ninety-seven persons were executed in London for steal- 
ing from a shop to the value of five shillings. 

Often the prisons were full of children, many under the age 
of ten, who had been informed upon for theft. 

Neither the old Mosaic theory of retribution and revenge — 
an eye for an eye and a tooth for a tooth — neither that, nor 
degradation, whipping, branding, hanging, maiming, chambers of 
torture, broken bodies on the wheel, bones fractured on the rack, 
arms and legs suspended with heavy weights attached, the burn- 
ing of the flesh and the searing of the skin with white hot iron, 
roasting the human bodies on slow fires, burial alive, tossing of 
the culprit into a den of wild beasts, pouring molten lead into the 
ears, placing men's faces upward to the flaming sun, tying by 
the seaside, so that drowning would follow the rising tide — all 
these have been tried and victims to these indescribable horrors 
have given up their lives by the thousands, and yet criminals did 
not become extinct, and I believe history will demonstrate that crime 
increased rather than decreased under these frightful penalties. 

I am not going to attempt to support my arguments by elab- 
orate quotations from statistics. There are certain figures, how- 
ever, which are rather significant, if not conclusive. I refer to 
the statistics of the Federal Census Bureau of 1910, with reference 
to the effect of the death penalty upon the commission of murder. 
These statistics show that in twenty-one of the states having the 
highest number of homicides per capita in the population, there 
is not a single state that has abolished capital punishment. These 



DUNNE — JUDGE, MAYOR, GOVERNOR 737 

twenty-one are those which have enforced the death penalty from 
the time of their organization. Following these twenty-one states 
come three states, Illinois, Maryland and Kansas, all having the 
same number per capita of homicides. Of these states, Kansas 
has abolished the death penalty; Illinois and Maryland have 
retained it. 

Let us now consider the twenty states which these statistics 
show to have the lowest number of homicides per capita. Among 
these twenty are all the states but one (Kansas) that have abolished 
capital punishment. The Federal statistics, to my mind, show that 
capital punishment has failed to act as a deterrent, and that in the 
states where it has been abolished, there is a less per capita of 
homicides than in the states where it has been retained. Go into 
Wisconsin, a state which borders upon ours. We, in Illinois, have 
had capital punishment since we were admitted to the Union, and, 
even while it was a territory, capital punishment was inflicted for 
murder. Wisconsin abolished this penalty years ago. Yet homi- 
cides per capita are almost twice as many in Illinois as in AVisconsin. 

Up to 1913, six states had abolished capital punishment, 
Washington followed in that year. The United States statistics 
of 1910 show that live of these are among the twenty with the 
lowest per capita of homicides, each with a percentage less than 
.08 in each 10,000 of population. The other noncapital punish- 
ment state — Kansas — had the same per capita of homicides as 
Illinois and Maryland, both capital punishment states. 

Illinois was disgraced by 651 homicides in 1910, after a cen- 
tury of enforcement of capital punishment, while in Wisconsin, 
where it had been abolished, the homicides have not been much 
over fifty per cent per capita, of those committed in Illinois. 

If protection of society, if reformation of the criminal, if 
segregation of an antisocial element of our population, if either 
of these is the end or all of them are desired, then the separation 
from society of our criminals in decent, humane, wholesome, and 
Christian surroundings will accomplish all that we, as children 
of one Father, have a right to accomplish. He has not delegated 
to us further power or right over our fellows. The Holy Scrip- 
tures, so often quoted in support of retribution, commands the 
human race not to kill. 

If it is wrong for one man to kill another, if it is a crime for 
three men to kill one man, or for a dozen men to kill one man, 
if it is a crime for one man to rape, is it not equally criminal for 
twenty men to kill one man or to commit this other unmention- 
able crime. The increase in number of participants and their 
organized embodiment, do not make it right or a virtue for them 
to kill or to rape. 

—24 



738 DUNNE — JUDGE, MAYOR, GOVERNOR 

Christianity long ago revoked the doctrine of a tooth for a 
tooth, and an eye for an eye. Christ prayed the Father as He 
saw the thief hanging hy His side: ''Father, forgive them, for 
they know not what they do. ' ' Christ Himself was suffering the 
lingering tortures of death at the hands of passion and fury. 
He did not seek the destruction of those who were murdering 
Him and the thief by His side, but He prayed that they should 
see and know God's truth. 

Verily, God Himself has reserved to Himself the final pen- 
alty for the sins of His children. 

Criminals have been divided into three classes : first, the in- 
stinctive criminal; second, the habitual criminal; third, the oc- 
casional or single offender. 

The instinctive criminal cannot adjust himself to orderly and 
regulated environment. He is antisocial and alien in all his at- 
tributes, and is incapable, by reason of physical, mental, or moral 
deficiencies, the nature of which we do not fully understand, of 
getting out of a bad into a good environment or of improvement 
by training or education. Such men we have no more right to 
murder than we have to kill off the insane, the feeble-minded, 
the tuberculous, and others whose presence among us entails upon 
us responsibilities and financial burden. 

The habitual criminal — the criminal by acquired habit — has 
developed out of environment and the social status in which he 
finds himself. Many of our crimes against both the person and 
property are the results of social mal-adjustments and conditions 
for whose existence society itself is solely to blame. Society has 
no right to the exercise of retribution — to the life of the offender 
— when it has denied him his natural and inalienable rights and, 
in fact, has compelled him to exist and develop in the midst of 
pinching poverty, degrading squalor and degenerating contam- 
inations. 

Some of the most frightful of the crimes by juveniles in our 
great cities may be traced directly to an environment which 
could not be expected to produce anything but the very worst. 

Society itself becomes criminal when it seeks, by violence and 
the blood of its victims, to right a wrong committed against it by 
such product of its own neglect. For this class we cannot con- 
ceive of execution performing any function. The hanging of 
hundreds or thousands of them, even the massacre of their young, 
would not decrease the crime that springs from the slums and the 
tenements, so long as the slums remain under the tolerance of an 
intelligent society. 



DUNNE — JUDGE, MAYOR, GOVERNOR 739 

The third class includes the occasional or single offender — 
the normal individual, who, through stress of circumstances or 
force of temptation, or the unreasoning and unthinking pressure 
of passion, commits an evil deed. For him reformation is prob- 
able. He may be made a useful citizen, and society benefited 
by sparing his life. 

Among the first and third classes there is no serious pre- 
meditation on the outcome of their acts. The first class commit 
crime because they cannot help it. Frequently they make little 
or no effort to conceal their tracks. They exhibit a certain form 
of precaution which is inherent in the instinct of self-preservation 
and not the intelligent mental systemization of concealment or 
alibi. The third class commit crime during stress or in passion ; 
consequently they are not in a frame of mind to apprehend the 
effects of their conduct. The penalty, no matter how great or how 
severe, would deter neither of these types. 

The other class — the habitual criminal, has probably tasted 
punishment, but notwithstanding how much has been inflicted 
upon him, he continues to return to his old ways, because society 
affords him no other. Consequently, the penalty has not de- 
terred him. Punishment will not cure him, nor will it prevent, 
nor even retard others of his type from entering upon a like 
career. 

So we are thrown back upon our onl}^ right and duty — that 
of protecting ourselves and society by a process of segregation, 
both of those who commit crime and of those who, under our 
modern scientific light, we are able to predict almost to a cer- 
tainty will commit crime. 

Another evidence that execution is not effective is atforded 
in the records of lynehings and mob violence. Whether these 
have occurred in the North or in the South, they have not had any 
appreciable influence in reducing crime of the character which 
aroused public fury. Lynehings and burnings at the stake are 
but too common today. 

What community has proflted by a reduction in crime fol- 
lowing a lynching? 

Punishment for political or religious belief has never hin- 
dered its progress. Christianity did not cease its remarkable 
strides because its early believers were thrown to the lions or 
were made torches to illuminate a Xero's festival; nor has po- 
litical liberty been throttled by the execution of reformers. Fear 
of death has not halted the plans or dimmed the faith of good 
men who understood the consequences of their course. Why, 
then, should it affect men of evil minds who know nothing but 
evil and do it as naturally as good men do good 1 



740 DUXXE — JUDGE, MAYOR, GOVERNOR 

My point is simply this, that in no age and among no people 
does history record that threat or danger of death have stopped 
men or women, bent on the accomplishment of some purpose; 
whether it has been good or bad, the conservation of human hap- 
piness and life or its wanton destruction. They have assumed 
all the chances and when they have failed, they have gone to 
their execution unflinching. This has been as true of the mur- 
vderer as of the martyr. 

Psychologists are trying to unfold to us the mysteries of 
wliat they call the subconsciousness. The operations of our 
imitative and imaginative spheres, we now fall back upon to ex- 
plain, in a way, many things which heretofore have baffled solu- 
tion. We frequently remark that crime goes in waves and suicides 
by epidemics. Even epilepsy is said to contain an element of imita- 
tion and habit ; for in a class of these unfortunates, seizure, in one, 
will often be followed by seizures in many or all of them. There 
is a contagion of noise, of restlessness and disturbance, just as there 
is contagion of disease. It sweeps from individual to individual 
and soon sways a mob. 

Who can say that an exhibition of mob passion and violence, 
in which property has been destroyed and life has been taken, 
has not irreparably damaged the whole community. Those of 
us who have studied a mob have been struck by its personal ap- 
peal, and we have seen one after another drawn into the vortex 
and taking part in the destruction without cause or reason. We 
have seen the mob spirit intensified and inflamed beyond expec- 
tation of control by the first deed of murder. Like the animal 
who becomes ferocious when he tastes blood, so the human, when 
aroused, becomes an unrestrained brute at the sight of blood. 
Men who watched the riots of a few years ago in the capital of 
our State have told me that not until the first life had been sacri- 
ficed, did the mob lose all restraint and enter upon a wholesale, 
extended and unreasoning debauch of fire and murder, which 
could not be stopped, except by great show of military power. 

Of a similar type — perhaps invisible — are the effects of a 
legal execution upon the community. Its first and most debas- 
ing influence is upon those who witness it. The crowd about the 
scaffold is more fearful to contemplate than the struggles of the 
human wretch dangling to the rope. The morbid crowds, that 
stand without, compensate the absence of vision bv stimulated 
mental pictures and imaginings which are equally degrading. The 
whole city for weeks feels a depression that is, in the last analysis, 
humiliation and remorse. 

Too much importance cannot be attached to the argument 
that the capital punishment law operates against justice. How 



DUXXE — JUDGE, MAYOR, GOVERNOR 741 

many murderers go free because juries will not inflict the death 
penalty, though they have sworn to follow the evidence and the 
law and have declared themselves not to be opposed to it. 

While it is true that the accused is entitled to his libertj^ if 
there is doubt as to his guilt, it is equally true that many a jury is 
certain of his guilt, but lacks that degree of conviction which 
will support a decree of death. 

Thus the tendency is always towards leniency and th'^ num- 
ber of judgments of deaths falls to an almost negligible quantity. 
What better evidence could we have of the presence of a wide- 
spread and deeply rooted conviction that the death penalty is 
wrong. Men say they believe in it, but they are exceedingly slow 
to apply it when they have the opportunity. Conscience— that 
still small voice that controls the human mainspring — rebels and 
they refuse to go counter to its admonitions. 

Here occurs another argument against this penalty. After 
a period of leniencj^ in a community, some atrocious deed is 
done or there is a wave of crime, so-called. The populace be- 
comes excited and demands the rigid enforcement of the law to 
the very letter; for recent events it calls for blood. The news- 
papers and the demagogue grow vociferous and mass meetings 
pass resolutions. The wheels of the law are speeded up and the 
first one or two accused of murder are sacrificed, after which 
affairs assume their old ways. Such instances are of common 
knowledge. They demonstrate very clearly that jurors trying 
men for their liberties and lives are not always dominated solely 
by their own conscience, the testimony and the law, but are in- 
fluenced by extraneous forces, however unconscious they may be 
of it or careful they may be to act honestly. 

Concluding, I want to call 3'our attention to the attitude of 
those great spirits and hearts of our American leaders of human- 
ity. Our literature, our science, our art, our religion, teem with 
righteous protest against the so-called legal execution of our 
fellow men. Those who have led us into the clearer lights of 
duty and responsibility have, without exception,, plead for the 
abolition of this hideous disgrace and bloody inheritance from a 
brutal age. 

Lincoln wrote : ' ' God helping me, I will never sign the death 
warrant of any man so long as I live": Bryant, "I am heartily 
with you in your warfare against the barbarous practice cP pun- 
ishment by death": Whittier, "I do not regard the death penalty 
essential to the security and well being of society. Its total 
abolition and the greater certainty of conviction which would 
follow would tend to diminish rather than increase the crimes 
it is intended to prevent": Longfellow. "I am and have been for 



742 DUXXE — JUDGE. MAYOR. GOVERNOR 

many years an opponent of capital punishment"": Horatio Sey- 
mour, *'I am deeidely in favor of the softening of the criminal 
code'"; Dr. Benjamin Rush. "The power over human life is the 
sole prerogative of Him who gave it. Human laws, therefore, 
are in rebellion against this prerogative when they transmit it to 
human hands ' ' ; Father Matthew. ' * I have been thirty years in the 
ministry and I have never yet discovered that the founder of 
Christianity has delegated to man any right to take away the 
life of his fellow man"'; Henry ^Vard Beeeher. ''In our age there 
is no need of a death penalty, and everj' consideration of reason 
and humanity pleads for its abolition"; "Wendell Phillips. "The 
gallows should be abolished altogether." 

I might continue to quote for a day. but leave these thoughts 
with you as examples of the aspirations of the leaders of 
humanity. 

The cold-blooded enforcement of this awful penalty, under 
the forms of law. is brutal and abhorrent and wrenches the decent 
sensibilities of everA' public official who. by an act or omission, 
is required to participate in it, including the jurjTnen who im- 
posed the penalty, the judge who directs its execution, the Gov- 
ernor who refrains from clemency, the sheriff who superintends 
the hanging, and the miserable unknown human tool who cuts 
the rope. It degrades and demoralizes, depresses with remorse 
and humiliation the community in which it takes place. It lowers 
the level of the finer instincts and is fraught with the ever present 
danger that a life is being sacrificed to the fallibilities of the 
human mind and conscience. 

As the Executive of a great commonwealth. I come before 
you today, the governors of sister states, to plead with you to 
give this subject your honest thought and faithful consideration. 

The tendency of modern government in highly ci^^lized com- 
munities is slowly and surely toward the abolition of capital 
punishment. Italy. Holland. Switzerland. Belgium. Portugal and 
Roumania have abolished it. In the United States it has been 
abolished in Kansas, Maine. Michigan. Minnesota, Oregon, Rhode 
Island, South Dakota, Washington and AViseonsin. 

Ought we have still upon our statute books the penalty that 
takes human life under the forms of law, or keep pace with the 
progress of events, particularly as the records show that it has 
ceased to act. if it ever did. as a deterrent of grievous offenses ? 



DUXNZ JUDGE. MAYOR. GOVEBXOB 743 



OX PREPAREDNESS FOR WAR. 

Address at Governors' Coxferexce, Boston. August 27. 1915. 

Mr. Chairman and Gentlemen: 

Since the commencement of the tremendous war now waging 
in Europe, and the danger of our country being embroiled therein, 
all classes of people in the R-epublic have been seriously consider- 
ing the unpreparedness for war which seems to exist in our 
country. 

From the bellicose jingo who would involve this country in 
a foreign war upon slight provocation to the peace-at-any-price 
citizen, all of us have been seriously considering the question as to 
whether our military and naval armament ought not be increased 
at least for defensive purposes. That we have in the Unit^ States 
at the present time, in comparison with the great nations of Europe, 
but a meager force of soldiers and sailors cannot be denied. 

The Army of the United States consists of but one man in each 
one thousand inhabitants, while in the British army there are 
seventeen soldiers to each one thousand inhabitants; in Russia 
twenty-eight to each one thousand inhabitants, in France thirty- 
four to each one thousand inhabitants, in Germany fifty-one to each 
one thousand inhabitants, and in Italy fifty-seven to each one thou- 
sand inhabitants. 

As to whether our Army should be increased at least for de- 
fensive purposes there does not seem to be much doubt among 
thoughtful men. Whether the increase must be in the nature of a 
standing armv or an increase in citizen-soldiery is a question about 
which there is room for legitimate debate. 

The advocates of a large standing army in the United States 
in the past have been few and far between. The isolation of our 
Republic from the great warlite nations of the earth, its separation 
from them by thousands of miles of ocean, and its location on a 
different hemisphere has given us in the past a feeling of security 
and a confidence in immunity from attack, but the tremendous 
progress in military and naval armament as disclosed by the present 
European war proves that this feeling of security cannot be much 
longer entertained. Steam and electricity and the marvelous de- 
velopment of modem men-of-war. cruisers and submarines hare 



744 DUNNE— JUDGE, MAYOR, GOVERNOR 

produced such a revolution in the intercourse between nations that 
the isolation which we have enjoyed in the past under obsolete 
conditions no longer prevails. 

If war were to be declared against this country by one of the 
six greatest nations of Europe it must be conceded that the United 
States in its present condition of land and naval forces would be 
in a sorry predicament. For offensive warfare our land forces are 
so small as to be regarded with ridicule. Our naval armament 
might succeed for a time in damaging cities and fortifications upon 
the sea coast of a possible enemy in Europe, but separated so far 
as we would be from the base of supplies such offensive naval 
warfare could not be of lasting duration. 

In defensive naval warfare, we might for a time make a credit- 
able showing upon our own coasts ; but if any of these great nations 
should effect a landing of any considerable army, for weeks at least 
such an invasion would be practically unopposed. This serious situ- 
ation of affairs has given even the most ardent advocate of peace 
between the nations grave concern. 

While we in the United States are honestly and ardently sin- 
cere advocates of peace between the nations and while we have no 
lust of conquest and no desire to be -involved with any other nation, 
we must conclude that we are sadly and grossly unprepared even 
for a defensive war. For the protection of the autonomy of the 
Nation Ave ought then to be in a better state of preparedness and 
ought to have a larger force of men trained for military purposes. 
Must this force necessarily be a large standing army thus imposing 
burdens of taxation upon the Nation that it has hitherto been 
unaccustomed to? I do not think an enormous standing army is 
essential for the protection of the Nation and the preservation of 
its autonomy. A citizen-soldiery brought this Republic into being, 
a citizen-soldiery in the main has carried on three wars success- 
fully with other nations, and a citiz6n-soldiery in the main saved 
this Republic from dissolution in one of the greatest revolutions in 
history, and I know of no reason why with an adequate navy, super 
and submarine, that a citizen-soldiery of land forces cannot bo the 
main reliance of this Republic at the present. 

A large standing army has been and always will be an enor- 
mous expense to any nation. I think I am within the bounds of 
truth when I claim that it costs this Nation at least six hundred 
dollars a year to feed, clothe, equip and pay each enlisted soldier. 
The wages in the United States Army vary from fifteen to ninety- 
nine dollars per month, outside of clothing, food and equipment. 
If we were to increase our standing Army from one hundred thou- 
sand men to one million men, it would, therefore, cost us six hun- 
dred millions of dollars a year to pay these soldiers their wages, 



DUNNE JUDGE, MAYOR, GOVERNOR 745 

and feed and equip them. If we were to maintain a standing army 
in proportion to population such as Great Britain maintained before 
the outbreak of hostilities, it would cost us nearly one billion two 
hundred millions of dollars a year. Such a frightful increase ai 
the burdens of taxation which would be occasioned by the mainte- 
nance of such an army in the United States must give serious 
concern to all citizens contemplating such a prospect. 

There is another alternative. It is the citizen-soldiery of the 
Nation. Not such a citizen-soldiery, however, as is now maintained 
in the National Guards of the different States. The present militia 
of all of the different states of the United States is wholly inade- 
quate for the defense of the' Nation. In 1913, the total militia of 
the National Guards of all the States aggregated approximately 
one hundred and twenty thousand men. Such a number of men 
would be wholly inadequate for the defense of the Nation in case 
of war with any first-class power. 

To rely upon the Regular Army of one hundred thousand men, 
and a militia of one hundred and twenty thousand men in case of 
war with a first-class power would be an act of supreme folly. 
The citizen-soldiery of the Republic must be reorganized, regener- 
ated and enormously increased. There should be at least a body 
of citizen-soldiery trained to the use of arms, organized and main- 
tained throughout the different states of the United States in the 
aggregate of at least two million men. How can this be accom- 
plished without imposing too great a hardship upon its members 
and upon the taxpayers of the Nation? It can be accomplished 
by the adoption of two measures. 

First. By requiring every college and university in the 
United States which receives from any State or from the Federal 
Government any support or appropriation of money, to give a 
military training to its students during the four years of the uni- 
versity or college course. As part of the physical and mental 
education of the student, he should be compelled, if in such an 
institution, as part of his curriculum, to devote sufficient time 
to enable him to become a well-informed soldier in time of war. 
That this can easily be accomplished is proven by what has al- 
ready been accomplished in some of the universities. 

Years ago the Federal Government made land-grants to the 
University of Illinois, requiring as one of the considerations there- 
for a regular military drill among its students. Today at TJrbana, 
Illinois, the seat of this university, there are among its five thou- 
sand students eighteen hundred fairly well drilled young men 
who have received a military training under the supervision of the 
Federal officer detailed for that purpose. Next year there will 
be about two thousand of these young men who will be receiving 



746 DUNNE — JUDGE, MAYOR, GOVERNOR 

such a training. I am informed that there are sixty land -grant 
colleges and universities in the United States where doubtless such 
provisions are being, or should be, enforced. 

I'he military training given these young men, however, at the 
l)resent time is meager and inadequate. It is difficult to secure 
from the Federal Government sufficient trained officers to give 
them the thorough military training that they might receive if 
properly officered. Only one trained Federal officer is detailed to 
the great University of Illinois to give military training to nearly 
two thousand young men. The system should be changed. At 
least one officer, a West Point graduate with years of training, 
should be detailed to every five hundred men in such colleges aud 
universities. The Federal Government, moreover, should provide 
I'unds and scholarships for the training of young men to become 
military officers in these institutions. 

1 am assured by President Edmund J. James of the University 
of Illinois "that if the Federal Government would provide funds 
and grant scholarships to the amount of say one hundred and fifty 
dollars a year or two hundred dollars a year for every student in 
one of these institutions who would take the regular four-year 
course of military instruction and drill, which could be taken 
right along with the other course in the University by extending 
the course say from four years to five, it would be possible to 
graduate from the University of Illinois, for instance, anywhere 
from one hundred to two hundred men who would compare very 
favorably in their general education and specific training witli 
the graduates at West Point." 

One of the greatest needs of the British and Russian armies 
at the present time is their need of trained officers to take charge 
of the enlisted men. We should profit by the examples furnished 
in this aA\ful war now prevailing in Europe. For defensive pur- 
poses at least we should have an adequate number of well-drilled 
men, graduates of our educational institutions who could in case 
of war take charge of and whip into shape the soldiers who would 
fly to the defense of their country's integrity. 

Another method of increasing the numbers and ei^ciency of 
our State militia would be for the Federal Government to make 
more liberal appropriations for the maintenance of the same. 
Under the present Federal law, each state receives from the Fed- 
eral Government the tents, uniforms, arms and equipment used by 
its militia. No wage is paid the militiamen by the Federal 
Government. The only wage or compensation that the militiamen 
in the State of Illinois receive is one dollar a day wdiile actively 
engaged in maneuvers or when called out for public duty in ease 



DUNNE JUDGE, MAYOR, GOVERNOR 747 

of a riot or other eniergeucies. Oil the average the militiaman in 
the State of Illinois does not receive to exceed fifteen dollars a 
year, and that only when he is in active service. 

This beggarly allowance is not attractive to the ordinary 
farmer, mechanic or clerk. If he joins the militia he is expected 
to give at least one night a week for drilling purposes in his 
armory. This continues throughout the entiie year, and for this 
one night a week he receives not one cent of compensation. Tlie 
young men who join the National Guard are those who do so for 
patriotism or love of military association. The surprise is that 
there are sufficient young men throughout the different states who 
are willing to give so much of their timt-. without compensation 

All of this should be changed. I believe that any young man 
who is willing to join the National Guard and become a citizen- 
soldier should be reasonably compensated for the time that he 
spends in fitting himself to become a soldier as he would in any 
other occupation. If a militiaman were paid one dollar for every 
night that he spent in military training in his drill hall or arsenal 
with a provision that he would receive no compensation unless 
he attended at least forty nights during the year, I believe that 
the National Guard in the State of Illinois, upon such a basis of 
remuneration, would be increased within one year from the eight 
thousand militiamen that we now have to one hundred thousand, 
and I believe that this is true of all of the other states in the 
Union. Instead of a National Guard of one hundred and twenty 
thousand men throughout all of the states of the Union I believe 
that we could easily secure men at such compensation to the num- 
ber of from one aud a half million to two million men throughout 
the United States. If this could be accomplished let us compare 
the burdejis that it would impose upon the public with the bur- 
dens that w^ould be imposed by maintaining a standing army of 
the same number. 

If each militiaman w^ere paid at the rate of one dollar a night 
and the National Guard should be increased to the number of one 
million men, at forty dollars per year, the aggregate cost w^ould be 
forty million dollars per annum. If a million men in a standing 
army were maintained by the United States it would cost six 
hundred dollars per year per man, the cost in the aggregate being 
six hundred million dollars. In other words, the Federal Govern- 
ment under such a plan could maintain a militia of one million 
men ready to respond to the country's call in time of war for five 
hundred and sixty million dollars less than it would cost to main- 
tain a standing army of the same amount of men. 

I am not, and never have been, an advocate of a large stand- 
ing army in this Republic, but I do believe that the time has come 



748 DUNNE — JUDGE, MAYOR, GOVERNOR 

ill the history of this Nation when it must be prepared for de- 
fensive purposes, and to have at least one million men within its 
borders with military training so they can become the Nation's 
defenders if the life of the countiy is assailed. 

When I was in Switzerland fifteen years ago I marvelled at 
the number of trained soldiers that I saw in the little republic, 
and I asked a native why it was necessary in such a peaceful re- 
public to maintain so formidable a force of men, to which he re- 
plied: "These men and our mountains are our only safeguards 
against aggression. We can only maintain our independence by 
having these men in readiness against possible invasion." 

Let us be prepared to protect the life of the Nation from 
aggression from abroad, not by a standing army, at least at 
present, but by a trained citizen-soldiery that can be maintained 
without imposing unduly onerous burdens upon the taxpayers of 
the Nation. As between the Chinese republic with its four hun- 
dred million inhabitants, without any efficient army, cowering 
before the militant empire of Japan with its seventy millions 
population, but with an efficient army, and the little republic of 
Switzerland standing among the warring nations of Europe and 
protecting its independence by a trained soldiery, let us rather 
incline to the fortunate situation of Switzerland that can assert 
its independence and neutrality in the midst of its warring 
neighbors. 



DUNNE — JUDGE, MAYOR, GOVERNOR 749 



THE HONOR SYSTEM IN ILLINOIS 
PRISONS. 

Correspondence and Eecommendations, August, 1915. 

In Governor Dunne's inaugural address February 3, 191?, 
before the Forty-eighth General Assembly of the State of Illinois, 
he said : 

"Provisions also should be made for the employment of the 
inmates of our penitentiaries in road work. Primarily, convicts 
should be used for the preparation of material, either at the peni-^ 
tentiaries, or at camps, established near natural deposits of stone^ 
gravel or other material. In the actual construction of highways,, 
when it becomes necessary, short term prisoners should be 
employed on an honor system, such as prevails in Colorado. 
Humanitarian reasons underlie the employment of convicts in the 
open air work of this sort. The problem of what is going to 
become of the paroled or discharged convict is largely solved if 
he is released, healthy in body and in mind, and not debased 
by associations formed in the debilitating environment of cells 
and prison workshops. 

"Psychological and physiological considerations enter into 
the employment of men, on an honor system, in ,the fresh air and 
sunshine, wherein and whereby they are restored to society with 
their manhood quickened instead of deadened, or destroyed." 

ADVISES WARDEN ALLEN TO STUDY HONOR SYSTEM 

IN COLORADO. 

In a letter dated August 6, 1913, Governor Dunne directed 
Warden Edmund M. Allen to investigate the Honor System in 
Colorado, which letter is as follows: 

"Your letter of recent date to hand. I wish to put in action 
at the earliest possible moment that scheme of placing convicts 
on the roads for road making. If you deem it necessary to go to 
Colorado, do it at once so we can get to work on the matter. 

LAW ENACTED ON RECOMMENDATION OF GOVERNOR 

DUNNE. 

The original law passed by the Forty-eighth General Assem- 
bly permitting convicts to be employed on the highways, was 



750 DUNNE — JUDGE, MAYOR, GOVERNOR 

introduced at the Governor's suggestion and passed through the 
efforts of his friends, v\^hich lav^^ was amended in the Forty-ninth 
General Assembly, again by the efforts of Governor Dunne's 
friends — the essential features of which law and amendment are 
as follows : 

"Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That the commissioners of the 
Northern Illinois Penitentiary, commissioners of the Southern 
Illinois Penitentiary and the Board of Managers of the Pontiac 
Beformatory of the State of Illinois are hereby authorized and 
■empowered to employ convicts and prisoners in the penal and 
•reformatory institutions of this State who are sentenced for terms 
of not more than five years, or who have not more than five years 
to serve to complete their sentence in working on the public roads 
or in crushing stones or preparuig other road building materials 
at points outside the walls of the penal or reformatory institu- 
tions." 

The amendment of the above law went into effect July 1, 1915, 
and allows prisoners to be employed as above regardless of the 
time to be served in prison, and reads as follows : 

"That the commissioners of the Northern Illinois Peniten- 
tiary, the commissioners of the Southern Illinois Penitentiary, 
and the Board of Managers of the Pontiac Reformatory of the 
State of Illinois are hereby authorized and empowered to employ 
convicts and prisoners in the penal and reformatory institutions 
of this State in working on the public roads or in crushing stones 
or preparing other road building materials at points outside the 
walls of the penal or reformatory institutions. Upon the written 
request of the commissioners of the highways of anv township 
in counties under township organization or the commissioners of 
highways or boards of county commissioners in counties not under 
township organization, said penitentiary commissioners, and 
Board of Managers of the Pontiac Reformatory shall detail such 
convicts or prisoners as in its judgment shall seem proper, not 
exceeding the number specified in said written request, for em- 
ployment on the public roads or in the preparation of road build- 
ing material in the township, road district, or county requesting 
the same on such terms and conditions as may be described by 
said penitentiary commissioners or the Board of Managers of the 
Pontiac Reformatory." 

LETTER GIVING EXTRA TIME FOR LABOR UNDER 
HONOR SYSTEM. 

On August 22, 1918, the first law for convict labor having 
gone into eft'ect on July 1, of that year. Governor Dunne, by letter. 



DUNNE — JUDGE, MAYOR, GOVERNOR 751 

directed Warden Alien to announce to prisoners under the system 
the plan by which they were to get one day in three. This letter, 
which was read at Chester and Joliet, is as follows : 

"Pursuant to my inaugural message, the Legislature has 
wisely passed a law permitting the utilization of convicts whose 
unexpired term of imprisonment does not exceed five years, upon 
the public roads of the State of Illinois, in the way of improving 
the public higliAvays. 

"This humane measure, in my judgment, will permit many 
convicts to be engaged in healthful occupation, which will work 
to the material betterment of these convicts. 

' ' The law does not provide specifically for any reward to con- 
victs employed in this manner, but in my discretion as the pos- 
sessor of the power of pardon and commutation, I have reached 
the conclusion that all convicts so employed should receive in ad- 
dition to the good time now allowed them by law a further reward 
for honest and industrious work thus performed upon the public 
roads of the State. 

"You can announce to the inmates of your institution that I 
shall commute the sentence of all employes engaged in this work 
whom you report to me have honestly and efficiently worked upon 
the public roads of this State on the following basis: For every 
three days work honestly and efficiently performed on the roads in 
the State, I shall commute the sentence of the convict so perform- 
ing such work to the extent of one day. 

"In other words, for every three days work performed the 
convict shall receive by executive clemency a reward of one day. 
The convict so employed for three months shall receive a commu- 
tation of one month. The convict so employed for three years 
shall receive a commutation of one year. 

"You are hereby directed to read this letter to the convicts 
of your institution at your early convenience." 

ON LETTER AVRITING IN PRISONS. 

On October 17, 1913, Governor Dunne addressed the following 
communication to Warden Allen relative to the letter writing 
privileges, which reads as follows: 

"A printed pamphlet purporting to be a report of the Super- 
intendent of the Arizona State prison, of February 1, 1913, has 
been forwarded to me, in which a comparative statement is made 
of the privileges given to convicts in the different penitentiaries 
of the different states, in relation to receiving and writing letters. 

"From this pamphlet it would appear that the rule in Illinois 
permits the convicts to write one letter every five weeks, and 



752 DUNNE — JUDGE, MAYOR, GOVERNOR 

that they are allowed to receive all the letters sent them. One 
daily newspaper is allowed them, also the current magazines and 
periodicals. 

"This regulation with reference to the writing of letters by 
the prisoners seems to be much more stringent in Illinois than 
in almost any other state in the Union. Virginia seems to be the 
only state that has a more stringent rule, and there they permit 
Ibe prisoners to write one letter only every two months. 

"I am enclosing herewith a summary of the regulations made 
in the different states. 

"Would it not be wise in your institution to establish a rule 
permitting the convicts with good records to write a letter once 
a week? The convicts with records not perfect one letter in 
two weeks, and the convicts that have black marks should be only 
permitted to write one letter a month. 

"I submit the matter for your consideration and advice. 
Please let me have your views thereon." 

WARDEN ALLEN'S REPLY. 

The following reply from Warden Allen was received Decem- 
ber 11, 1913 : 

"Replying to your inquiry of yesterday, as to whether there 
is any limit upon the number of letters that inmates may write 
when they are permitted to write, 1 will say; that our rules per- 
mit inmates in the first grade to wi'ite one letter each week. 
Those in the second grade once in two weeks, while those in the 
third grade write once in five weeks. 

"If there are any special reasons for writing more than one 
letter in any of the grades permission is always given the inmate 
to write as many as the situation may call for. 

"Trusting this will give you the information desired, I am." 

WARDEN ALLEN'S REPORT ON WORKINGS OF HONOR 

CAMP. 

On August 29, 1913, Warden Allen reported to Governor 
Dunne concerning the workings of the honor system for the first 
honor camp which had been sent out as follows : 

"I beg to advise that pursuant to your wishes, the men for 
our first road camp have been selected, and will leave for Dixon, 
Lee County, early Wednesday morning, September 3. 

"I am absolutely confident of the outcome of this grand 
policy of yours, and beg to assure you that in my judgment it is 
the greatest step in the right direction ever taken in Illinois 
toward solving the great question of convict labor." 



DUNNE JUDGE, MAYOR, GOVERNOR 753 

WARDEN ALLEN'S REPORT ON ALL HONOR CAMPS. 

On December 19, 1914:, AVarden A.llen made the following re- 
port to Governor Dunne : 

"Tlie first road camp was established at Grand DeTour, a 
village near Dixon, Illinois, and was called Camp Hope. AVork 
was commenced September 3, 1913, and fifty-one honor men were 
sent from the penitentiary to this camp. A road was cut through 
a hill three-fourths of a mile long, and one mile of grading was 
completed. No stone was used. This work was finished Febru- 
ary 10, 1914. The honor men endured the rigors of a severe 
winter housed in tents furnished by the Adjutant General's de- 
partment. Immediately after the work was completed, camp 
was broken and the men proceeded to the Joliet honor farm 
where they spent the balance of the winter and spring in regu- 
lating and grading the roads in and about this farm. Of these 
fifty-one honor men, fifteen have had their sentence commuted; 
four were paroled; seven returned to the penitentiary; twenty- 
five were scattered among subsequent road camps and not one 
escaped. I did not receive from the superintendent of this camp 
a single complaint against one of these men. There were no 
punishments; no deprivation of privileges and not one censured. 
No compensation was received for this work on account of there 
being no appropriation to meet the expense. 

"The next road camp was established at Starved Rock, near 
Ottawa, Illinois, and was called Camp Dunne. AVork was com- 
menced April 27, 1914. In all, seventy-two honor men were as- 
signed to this camp. A deep cut was made through earth and 
rock, and one mile of grading was completed. From Starved 
Rock this camp was moved August 20, 1914, to Mokena, AVill 
County, Illinois, where one and one-half mile of macadam road- 
way was completed in twenty-six working days at a cost of $3,000. 
This work consisted of regulating and grading the existing road- 
bed, and the laying of an eight-inch base of crushed rock twelve 
feet in width topped with a three-inch dressing of fine stone 
thoroughly compressed with road rollers. From Mokena, the 
camp was moved to Frankfort, AVill County, Illinois, where the 
men are employed constructing a roadway similar to that built at 
Mokena, two miles in length and will finish this work on or about 
December 22, 1914. Of the seventy-two honor men assigned to 
this camp, twenty-four have had their sentence connnuted ; four 
returned to the prison; three escaped, one of whom was recap- 
tured, leaving forty-one men still at work at Camp Diinne. This 
work cost approximately $3,500 per mile, or about .$500 per mile 



754 DUNNE — JUDGE, MAYOR, GOVERNOR 

less than at Beecher. This is accounted for by the difference 
in the length of haul for stone, and I might add that the cost of 
haul enters largely into the cost of construction. 

''The next camp was established at Beecher, Illinois, and was 
called Camp Allen. AVork was commenced June 15, 1914. Sixty- 
five honor men were assigned to this camp. In all, fourteen miles 
of macadam roadway was built. This work was finished Novem- 
ber 24, 1914. The work consisted of regulating and grading the 
existing roadbed and the laying of an eight-inch base of crushed 
stone varying in width from ten to twelve feet with a top dressing 
of fine crushed stone thoroughly compressed by road rollers. Of 
these sixty-five honor men sent to this camp, thirteen have had 
their sentences commuted ; one paroled ; two returned to prison, 
and the balance — forty-nine — transferred to work upon the 
switch grade at the honor farm during the winter. There was 
not an escape from this camp. No punishments, no complaints 
nor deprivations of privileges. I have been unable to obtain 
any definite figures as to the cost of this work, but am of the 
opinion from what information I could gather that the road cost 
approximately $4,000 per mile. 

"February 27, 1914, the Joliet honor farm was opened up. 
This is the land which was purchased by the new prison com- 
mission for a site upon which to erect a new prison to supersede 
the one now in use, and to be constructed along the same lines, 
with the exception that it was to be larger, more sanitary and 
l)uilt in such a manner that escapes would be reduced to a mini- 
mum. The Board of Commissioners took over one thousand 
acres of this property for the purpose of cultivation and to give 
outdoor employment to our honor men. In all, 125 men have 
been transferred to this farm, of whom twenty-four have had 
their sentences commuted ; nine returned to the prison ; two 
paroled and nine transferred to the road camps, leaving sixty-one 
of the original number still at the farm for operating purposes. 
This number is exclusive of the road men that have been trans- 
ferred to work there. Two hundred and fifty acres were sown 
wdth oats, and two hundred acres were seeded at the same time 
with timothy and clover. Forty acres were seeded with alfalfa, 
making the largest field of alfalfa in the county." 



DUNNE — JUDGE, MAYOR, GOVERNOR 755 



THE LIFE OF JOHN PETER ALTGELD. 

Address, Unveiling His Monument at Chicago, September 6, 

1915. 

Mr. Chairman, Ladies and Gentlemen: 

Robert Emmet said : "A man dies, but his memory lives. ' ' 
This is intensely true of the man whose statue the State of Illinois 
unveils today. The man Altgeld is dead, but his memory lives and 
will continue to live for generations yet to come. 

It was my proud privilege to have known him personally and 
to have been counted among his friends, and in speaking of him I 
know whereof I speak. 

He was ever a friend of the common people and his heart was 
ever full of sympathy for the poor, the lowly and the oppressed. 
His vigorous voice and powerful pen were ever at the disposal of this 
class of his fellow citizens. He was the enemy at all times of bood- 
lers and corruptionists. He fought them in his own party and 
outside of his own party. He never hesitated to denounce a cor- 
rupt man in politics, no matter what label he bore or what ticket 
he voted. 

Preeminently he had the courage of his convictions. He 
upheld the right and denounced the wrong at all times, under all 
circumstances and in every place. I know of no man who occupied 
a position in the public life of this State who had greater moral 
courage. 

He believed the conviction of the anarchists was the result 
of a mob's demand, although the mob was clothed in purple and 
fine linen. When he was elected Governor of this State he had the 
courage to do what was a most unpopular thing at the time — to 
pardon the anarchists then confined in Joliet. In so doing he was 
not content to perform the official act, but went further and gave 
his reasons in a public declaration which, because of its courage 
and force, startled the whole community. 

Ilis moral courage was again displayed at the time when Presi- 
dent Cleveland, without a request from the Governor or Legisla- 
ture of this State, or the mayor of this city, sent Federal troops into 
the city of Chicago for the purpose of suppressing riot. Governor 
Altgeld believed that this act of the President was a violation of 
the Constitution of the United States and the State of Illinois, and 



756 DUNNE — JUDGE, MAYOR, GOVERNOR 

holding that belief, he courageously and vigorously protested 
against what he believed to be an unwarranted act, even though 
it were committed b}' the President of the United States. 

He was absolutely incorruptible and vigorously honest. When 
elected Governor of this State he was reputed to be and was a very 
wealthy man. But his devotion to public interests compelled him 
to neglect his private business and during his term of office he 
became seriously embarrassed financially. Yet in spite of his finan- 
cial embarrassment, this man had the resolute honesty and ironlike 
integrity which impelled him to refuse a bribe of half a million 
dollars. 

I know of no man in public life who was so thoroughly devoted 
tQ the cause of human liberty, whether it was in his own land or 
in the land of strangers. 

He volunteered as a private soldier in defense of liberty during 
the Civil War. He fought through that war for the country of his 
adoption. His voice was often heard in sympathy with the strug- 
gling people of Ireland and Poland. During the Boer war thou- 
sands heard his powerful and eloquent pleas in behalf of the strug- 
gling people of South Africa. Indeed, it might be said that he gave 
up his life in behalf of the struggling Boers, for on the night of 
his death and just before he collapsed he delivered one of his most 
eloquent speeches in behalf of the struggling burghers of South 
Africa. 

Of him it might well be said : 

"Whether on the scaffold high, 

Or in the hattle's van, 
The fittest place where man can die. 

Is where he dies for man." 

And yet, this man whose heart went out to the suffering, 
the Aveak, and the oppressed, this man who fought to preserve 
the liberty of his own country and who spoke for the liberties of 
other peoples, this man who during his whole life was honest and 
incorruptible, this man who advocated naught but justice and 
truth and equality and liberty for all men, was probably more 
maligned, misrepresented and vilified than any man that ever 
appeared in the history of this State. 

Because he stood for the common people in their struggle 
to maintain human rights as against capitalized privilege, he 
became the target of a scandalous and mendacious press, and 
against him was directed all the calumny and invective of which 
it was capable. These indecent and unjust attacks upon him 
made the people cling to him during his life and make them now 



DUNNE — JUDGE, MAYOR, GOVERNOR 757 

revere and honor his memory. The sovereign people of the great 
State of Illinois, in the erection and dedication of this monument, 
now make reparation and do honor to his memory. 

Men have risen to prominence and achieved distinction dur- 
ing the thirty years that I have lived in this city. Great mer- 
chants have amassed their millions and passed away to the great 
beyond. Eminent lawyers have risen to high rank in their pro- 
fession and left their impress in the courts. Skilful surgeons 
have occupied the public attention, achieved distinction and gone 
their way. But I know of no man, who has lived and worked and 
died in the city of Chicago, that has left such a powerful impress 
upon its history and the history of Illinois, or whose memory is 
now and will continue to be more revered than John Peter 
Altgeld, to whose honor the State of Illinois unveils this statue 
here today. 

But he has left behind him a monument greater than this 
monument of stone and bronze. As the years roll by and the 
physical shape of Altgeld is falling into dust and fading from 
the memory of those who knew it, the historical figure of Altgeld 
looms, through the vanishing fog of misrepresentation, larger, 
clearer and grander. His works and words are preserved in 
history and make for him a monuuient in the hearts of all men 
and women who love truth, justice, humanity and courage. 

"Well may it be said of this great friend of the weak and 
lowly, who offered his life for his country at 16 and sacrificed it 
for humanity at 55, in the words of the poet Pope : 

"Statesman, yet friend to truth, of soul sincere. 
In action faithful and in honor clear." 



758 DUNNE JUDGE, MAYOR, GOVERNOR 



DEFENDS CONVICTS WORKING ON 
ROADS. 

To THE Manufacturers News, Chicago, September 13, 1915. 

A. clipping from your paper contains a flippant editorial in 
which yoLi say "We should like to ask Governor Dunne under 
what statute the men (convicts working the roads) are taken 
from the penitentiary, given the rights of citizenship and the 
practical liberty of the prodigal son?" 

For your information the Governor will state that they have 
not heeii given the rights of citizenship, nor the practical liberty 
of the prodigal son. They are still unpardoned convicts, denied the 
ordinary rights of citizenship, but permitted under a humane law, 
prepared by myself and recommended for passage to the Legis- 
lature, and passed by that Legislature June 28, 1913, to do honest 
and healthy work for the State. (Page 581, session laws of 
Illinois, 1913.) 



DUNNE — JUDGE, MAYOR, GOVERNOR 759 



ON THE OPENING OF THE DIXIE 
HIGHWAY. 

Address by Governor Dunne at Danville, III., October 9, 1915. 

Mr. CJmirman and Gentlemen: 

The two main essentials for the future development of the 
State of Illinois are the development of its highways and water- 
ways. Although this State is the first in agricultural develop- 
ment, first in railway development, second in the production of 
all wealth among the states of the United States, third in popu- 
lation and commercial and political importance, and third in 
nearly everything in which she is not first or second, there is one 
notable exception. 

Among the states of the United States, Illinois is twenty- 
third in the development of her highways. This is not only a 
disgrace to the State, but a limitation upon its future develop- 
ment of a serious character. 

Even without decent highways the land of the State of 
Illinois, per acre, is worth nearly three times the average of the 
land of the United States. "What would be its value if its road- 
waj^s were developed? Probably four or five times the average 
value of the land of the United States. It is time, therefore, 
that the State of ' Illinois should arouse itself from its lethargy 
in the way of road building. It is the duty of every citizen to 
become interested in the road development of our State. 

Within the last two years, however, I am glad to say that 
lethargy is disappearing. Men who two years ago in the State 
of Illinois opposed the levying of taxation for the improvement 
of highways today have become warm converts to road develop- 
ment and favor the issuance of bonds and liberal taxation for 
road development. 

Every prosperous farmer in the State now owns his auto- 
mobile and is contemplating the use of tractor plows and tractor 
machinery. The improvement of the roads will enable the 
farmers to market the products of their farms cheaper and more 
quickly and will lessen the cost of hauling the same to the rail- 
roads. This cheapening of cost in getting his products to the 
markets naturally increases the value of the farmer's land. 



760 DUNNE JUDGE, MAYOR, GOVERNOR 

For every dollar that he pays in the way of taxation for 
the improvement of roads in his county, in my judgment, it w^ill 
be returned to the farmer ten-fold in the enhanced value of his 
farm. 

Let us then all participate in the movement for the develop- 
ment of good roads in our State and for connecting our State 
with the other states of the Union. The Dixie Highway is a 
movement in this direction and a sane and sensible one, and I am 
here today to indicate that the administration of the State of 
Illinois is in favor of the Dixie Highway and all movements 
looking towards the speedy and sensible development of the 
highways of our State. 



DUNNE — JUDGE, MAYOR, GOVERNOR 761 



ON A CITIZEN SOLDIERY. 

Address Dedicating New Armory, Quincy, Illinois, October 12, 

1915. 

3Ir. Chairman, Ladies and Gentlemen: 

It gives me pleasure, as Chief Executive of this State, to be 
present aud participate with you in the dedication of the new 
armory erected for the purpose of housing the National Guard 
in your city. 

At no time in the histor}^ of this country has there been 
greater necessity of liberality of treatment of the citizen-soldiery 
of the Republic. For over a century it has been the policy of this 
Republic to discountenance the creation of a large standing army. 
Isolated, as this Nation has been by two oceans from the great 
military nations of the world, we have been developing the arts 
of peace and not the science of war. 

We have rested secure in the belief that, because we had no 
national lust of territory or conquest upon this continent, no 
quarrels with the other nations of the world and no occasion to 
build up a formidable military armament, Ave could proceed along 
the even tenor of our way, developing the industries of the coun- 
try and relying upon immiuiity from assault by reason of our 
isolation. 

During the progress, however, of the great conflict now 
raging in Europe, it has been brought home to us that the tre- 
mendous development of naval armaments, particularly has placed 
this country in a position where it can be assaulted from abroad 
probably within two weeks after a declaration of war. That our 
isolation has become a thing of the past, and that in the event 
of a declaration of war upon us by any of the first-class powers 
of the world we would be in a lamentable state of unprepared- 
ness for defense, is not doubted by many. 

The enormous wealth of the country and it<=' military un- 
preparedness in themselves create a temptation for any first-class 
power to act with insolence and aggression towards this country 
in the event of diplomatic misunderstanding. This situation is 
being brought home upon the minds of the American people with 
tremendous force as the European war progresses and Ave Avatch 
the great strides made in the science of modern Avarfare. 



762 DUNNE— JUDGE, MAYOR, GOVERNOR 

Our country is rich with factories in which the modern im- 
plements of war can be turned out with great rapidity, but all of 
these factories are located within a radius of one hundred and 
fifty miles of New York City, and upon the eastern seaboard. 
With the tremendous naval equipment now possessed by some of 
the first-class powers of the world and with the tremendous stand- 
ing armies that they now have, fully equij^ped for modern war- 
fare, in case of difficulty between this country and any of these 
great nations, it is claimed by some military experts that a mod- 
ern, well equipped army of two or three hundred thousand men 
could be landed upon our eastern seaboard within thirty days 
after a declaration of war. 

The gravity of the situation has forced upon the American 
people the contemplation of wdiat steps should be taken to place 
this Nation in a state of reasonable defense against possible in- 
vasion. But few of us believe that even in this situation there 
is any justification for the creation and maintenance of a large 
standing army. Its cost would be intolerable and its advocacy 
unpopular to the American mind, but that our present state of 
unpreparedness must be altered I think cannot be doubted by 
any thoughtful person. 

From the bellicose jingo who would involve this country in a 
foreign war upon slight provocation to the peace-at-any-price 
citizen, all of us have been seriously considering the question as 
to whether our military and naval armament ought not be in- 
creased, at least for defensive purposes. That we have in the 
United States at the present time, in comparison with the great 
nations of Europe, but a meager force of soldiers and sailors 
cannot be denied. 

The Army of the United States consists of but one man in each 
one thousand inhabitants, while in the British army there are 
seventeen soldiers to each one thousand inhabitants ; in Russia 
twenty-eight to each one thousand inhabitants, in France thirty- 
four to each one thousand inhabitants, in Germany fifty-one to 
each one thousand inhabitants, and in Itah'- fifty-seven to each 
one thousand inhabitants. 

As to whether our soldiery should be increased, at least for 
defensive purposes, there does not seem to be muen doubt among 
thoughtful men. Whether the increase must be in the nature 
of a standing army or an increase in citizen-soldiery is a question 
about which there is room for legitimate debate. 

If war were to be declared against this country by one of the 
six greatest nations of Europe it must be conceded that the 
United States in its present condition of land and naval forces 



DUNNE — JUDGE, MAYOR, GOVERNOR 763 

would be in a sorry predicament. For offensive warfare our land 
forces are so small as to be regarded with ridicule. 

We are sadly and grossly unprepared even for a defensive 
war. For the protection of the autonomy of the Nation we ought 
then to be in a better state of preparedness and ought to have a 
larger force of men trained for military purposes. Must this 
force necessarily be a large standing army, thus imposing burdens 
of taxation upon the Nation that it has hitherto been unaccus- 
tomed to? I do not think a large standing army is essential for 
the protection of the Nation. A citizen-soldiery brought this Re- 
public into being, a citizen-soldiery in the main has carried on 
three wars successfully with other nations, and a citizen-soldiery 
in the main saved this Republic from dissolution in one of the 
greatest rebellions in history. I know of no reason why with an 
adequate navy, super and submarine, that a citizen-soldiery of 
land forces cannot be the main reliance of this Republic in the 
future. 

A large standing army has been, and always will be, an enor- 
mous expense to any nation. I think I am within the bounds 
of truth when I claim that it costs this Nation at least $600 a year 
to feed, clothe and pay each enlisted soldier. The wages in the 
United States Army vary from fifteen to ninety-nine dollars per 
month, outside of clothing, food and equipment. If we were to 
increase our standing army from 100,000 men to 1,000,000, it 
would, therefore, cost us $600,000,000 a year to pay these soldiers 
their wages, and feed and clothe them, aside from military equip- 
ment. If we were to maintain a standing army in proportion 
to population such as Great Britain maintained before the out- 
break of hostilities, it Avould cost us nearly $1,200,000,000 a year. 
Such a frightful increase in the burdens of taxation which would 
be occasioned by the maintenance of such an army in the United 
States must give serious concern to all citizens contemplating 
such a prospect. 

There is another alternative. It is the citizen-soldiery of the 
Nation. Not such a citizen-soldiery, however, as is now main- 
tained in the National Guards of the different states. The pres- 
ent militia of all of the different states of the United States is 
wholly inadequate for the defense of the Nation. In 1913, the 
total militia of the National Guards of all the states aggregated 
approximately 120,000 men. Such a number of men would be 
wholly inadequate for the defense of the Nation in ease of war 
with any first-class power. 

To rely upon the regular army of 100,000 men and a militia of 
120,000 men which. we now maintain would be an act of supreme 
folly. The citizen-soldiery of the Republic must be reorganized. 



764 DUNNE JUDGE, MAYOR, GOVERNOR 

regenerated and enormously increased. There should be a body of 
citizen-soldiery trained to the use of arms, organized and main- 
tained throughout the different states of the United States in the 
aggregate of at least 1.000,000 men. How can this be accomplished 
without imposing too great a hardship upon its members and upon 
the taxpayers of the Nation? It can be accomplished by the 
adoption of two measures. 

First. By requiring every college and university in the United 
States which receives from any state or from the Federal Govern- 
ment any support or appropriation of money, to give a military 
training to its students during the four years of the university or 
college course. As part of the physical and mental education of 
the student, he should be compelled, as part of his curriculum, 
to devote sufficient time to enable him to become a well-informed 
soldier in time of war. That this can easily be accomplished is 
proven by what has already been accomplished in some of the 
universities. 

Years ago the Federal Government made land grants to the 
University of Illinois, requiring, as one of the considerations 
therefor, a regular military drill among its students. Today at 
Urbana, Illinois, the seat of this university, there are among its 
5,000 students, 1,800 fairly well drilled young men who have re- 
ceived a military training under the supervision of the Federal 
officer detailed for that purpose. Next year there will be about 
2,000 of these young men who will be receiving such a training. 
I am informed that there are sixty land grant colleges and univer- 
sities in the United States where doubtless such provisions are 
being, or should ])e, enforced. 

The military training given these young men, however, at the 
present time is meager and inadequate. It is difficult to secure 
from the Federal Government sufficient trained officers to give 
them the thorough military training that they might receive, if 
properly officered. Only one trained Federal officer is detailed to 
the great University of Illinois to give military training to nearly 
2,000 young men. The system should be changed. At least one 
officer, a West Point graduate with years of training, should be 
detailed to every 500 men in such colleges and universities. The 
Federal Government, moreover, should provide funds and scholar- 
ships for the training of young men to become military officers in 
these institutions. 

One of the greatest needs of the British and Russian armies 
at the present time is trained officers to take charge of enlisted 
men. We should profit by the examples furnished in this awful 
war now prevailing in Europe. For defensive purposes, at least, 
we should have an adequate number of well drilled men, grad- 



DUNNE JUDGE, MAYOR, GOVERNOR 765 

uates of our educational institutions who could, in case of war, 
take charge of and whip into shape the soldiers who would fly to 
the defense of tlieir country's integrity. 

Another method of increasing the numbers and efficiency of 
our state militia would be for the Federal Government to make 
more liberal appropriations for the maintenance of the same. 
Under Ihe present Federal law, each state receives from the 
Federal Government the tents, uniforms, arms and equipment used 
by its militia. No wage is paid the militiamen by the Federal 
Government. The only wage or compensation that the militiamen 
in the State of Illinois receives is one dollar a day while actively 
engaged in maneuvers or when called out for public duty in case 
of riot or other emergencies. On the average the militiamen in 
the State of Illinois do not receive to exceed fifteen dollars a 
year, and that only when he is in active service. 

This beggarly allowance is not attractive to the ordinary 
farmer, mechanic or clerk. If he joins the militia he is expected to 
give at least one night a week for drilling purposes in his armory. 
This continues throughout the entire year, and for this one night a 
week he receives not one cent of compensation. The young men 
who join the National Guard are those who do so for patriotism or 
love of military association. The surprise is that there are sufficient 
young men throughout the different states who are willing to give 
so much of their time without compensation. 

All of this should be changed. I believe that any young man 
who is willing to join the National Guard and become a citizen- 
soldier should be reasonably compensated for the time that he 
spends in fitting himself to become a soldier as he would in any 
other occupation. If a militiaman were paid one dollar for every 
night that he spent in military training in his drill hall or arsenal 
with a provision that he would receive no compensation unless he 
attended at least forty nights during the year, I believe that the 
National Guard in the State of Illinois, upon such a basis of remun- 
eration," would be increased within one year from the 8,000 militia- 
men that we now have to 100,000, and I believe that this is true of 
all of the other states in the Union. Instead of a National Guard 
of 120,000 throughout all of the states of the Union, I believe that 
we could easily secure men, at such compensation, to the number 
of from 1,500,000 to 2,000,000 men throughout the United States. 
If this could be accomplished, let us compare the burdens that it 
would impose upon the public with the burdens that would be im- 
posed by maintaining a standing army of the same number. 

If each militiaman were paid at the rate of one dollar a night 
and the National Guard should be increased to the number of 
1,000,000, at forty dollars per year, the aggregate cost would be 



766 DUNNE— JUDGE, MAYOR, GOVERNOR 

$40,000,000 per auninu. If 1,000,000 men in a standing army were 
maintained by the United States, it would cost $600 per year per 
man, the cost in the aggregate being $600,000,000. In other words 
the Federal Government, under such a plan, could maintain a 
militia of 1,000,000 men ready to respond to the country's call in 
time of war for $560,000,000 less than it would cost to maintain 
a standing army of the same amount of men. 

I am not, and never have been, an advocate of a large standing 
army in this Republic, but I do believe that the time has come in 
the history of this Nation, when it must be prepared for defensive 
purposes, and to have at least 1,000,000 men within its borders 
with military training, so they can become the Nation's defenders, 
if the life of the country is assailed. This is the reason why the 
State of Illinois, during the last three years, has been liberal in 
its appropriations for the maintenance of armories throughout the 
State. The following statement shows where armories were 
erected during the last three years and the cost of the same : 

Chicago, Second Infantry $470,825.00 

Chicago, Eighth Infantry 194,424.66 

Chicago, First Cavalry (appropriated for, 

plans drawn and ready for construction) 225,000.00 

Aurora 47,000.00 

Galesburg 50,000.00 

Kewanee 20,000.00 

• Ottawa 44,600.00 

Quincy 65,000.00 

Woodstock 28,000.00 

Kankakee 75,000.00 

Monmouth 50,000.00 

Peoria 50,000.00 



$1,319,849.66 



The last three named were appropriated for and plans and 
building are in process of consummation. 

The appropriations made by the Forty-seventh and Forty- 
eighth and Forty-ninth General Assemblies of the state of Illinois 
for housing the National Guard amount to the sum of $1,319,849.66. 

Another suggestion which I deem of importance is the location 
of arsenals and ammunition factories in the heart of the Mississippi 
valley. 

I was surprised upon visiting the United States arsenal at Rock 
Island sometime ago, to discover that no munitions, guns, rifles and 
other arms were being manufactured there, and that the only things 
manufactured were blankets, harness, saddles and other equipment 
of this character. 



DUNNE JUDGE, MAYOR, GOVERNOR 767 

In the event of invasion and the capture of our ammunition 
factories along the eastern seaboard, it would require a great deal 
of valuable time to build up and equip factories for the manufacture 
of firearms and ammunition within the heart of the Nation. 

I, therefore, favor the building and equipment of armories and 
ammunition factories in the Mississippi valley and I know of no 
place in the valley, better suited for this purpose than the State of 
Illinois, which is the railway center of the United States, and which 
has waterway transportation by the lake on one side and by the 
Mississippi River to the south on the other side. Why should not 
a second West Point be located near Chicago on the lake, or upon 
the Mississippi River? 

When I was in Switzerland fifteen years ago I marvelled at 
the number of trained soldiers that I saw in the little republic, and 
I asked a native why it was necessary in such a peaceful republic 
to maintain so formidable a force of men, to which he replied: 
"These men and our mountains are our only safeguards against 
aggression. We can only maintain our independence by having 
these men in readiness against possible invasion. ' ' 

Let us be prepared to protect the life of the Nation from aggres- 
sion from abroad, not by a large standing army, at least at present, 
but by a trained citizen-soldiery that can be maintained without 
imposing unduly onerous burdens upon the taxpayers of the Nation. 
As between the Chinese republic with its 400.000,000 inhabitants, 
without any efficient army, cowering before the militant empire of 
Japan with its 70,000,000 population, but with an efficient army, 
and the little republic of Switzerland, standing among the warring 
nations of Europe and protecting its independence by a trained 
soldiery, let us rather incline to the fortunate situation of Switzer- 
land tliat can assert its independence and neutrality in the midst of 
its warring neighbors. 



768 DUNNE — JUDGE, MAYOR, GOVERNOR 



ANSWERS AN ATTACK ON DR. O. E. 

DYSON. 

Statement to the Public, October 24, 1915. 

I am today in receipt of a letter from Dr. 0. E. Dyson, State 
Veterinarian, and believe that the statements therein contained 
are correct in every particular. 

If Congressman Eainey or any one else has any proof that 
any of his statements are false, I would be glad to have him pro- 
duce the proof and give same to the public. 

Congressman Rainey gives six reasons, in a letter he is sup- 
posed to have sent to me, but which I have not received up to the 
present time, and M'hich is printed in the Chicago Tribune of 
Friday, October 22, 1915, why Dr. Dyson should be removed 
from office, and which are as follows : 

First. "Dr. Dyson, before you appointed him, was in the 
employ of the Chicago packers." Dr. Dyson before his appoint- 
ment had been in the employ of the Chicago packers but he had 
also been in the employ of the Federal Bureau of Animal Indus- 
try for nearly twice as long, and at the time of his appointment 
was not in the employ and had not been in the employ of the 
packers or the Federal Government for about ten months. 

Second. "The Chicago packers have made some millions of 
dollars out of his administration of the Illinois quarantine." I 
am not informed as to the profits of the packers, but if they have 
made any money out of the administration of the Illinois quaran- 
tine, that quarantine has been conducted along the lines laid 
down by the Federal Bureau of Animal Industry, excepting dur- 
ing the months of November and December of 1914, and January 
of 1915, when Dr. Dyson opened up to the stock raisers of the 
State of Illinois a market for their cattle without producing a 
single case of infection at the markets and at a saving for the 
live stock producers of the State in the quarantined area of 
millions of dollars, which otherwise they would have lost. 

Third. "Although he has been a trusted employe of the pack- 
ers in Chicago, working for them and their interests for a long 
time prior to your appointment of him to his present position, he 
filed with you not a single endorsement from any of them ; a fact 
in itself most suspicious." I did not request endorsements from 



DUNNE — JUDGE, MAYOR, GOVERNOR 769 

the packers. Congressman Rainey in a letter to me dated Oc- 
tober 8 complained "Yon did not send me a complete list, how- 
ever, of his endorsers. What I am anxious to have is the names 
of the Chicago packers who endorsed Dr. Dyson. I understand 
that he was unanimously endorsed by the Chicago packers. In 
one breath Congressman Rainey criticizes me for having endorse- 
ment of Chicago packers, which I did not have, and in the next 
breath criticizes me for not having endorsements from these same 
packers. 

Fourth. "His management of the Illinois quarantine has cost 
the State and Nation over $4,000,000. As many cases have de- 
veloped in Illinois remote from the point of original infection 
as have developed in all other states." This is a mere assertion 
of Mr. Rainey 's and is not backed up by any proof, and I do 
not, with all deference to Mr. Rainey, believe that it is true. 

Fifth. "He has cost the State and Nation more than any other 
citizen wdio ever lived in Illinois." This is another mere asser- 
tion of Mr. Rainey 's and is not backed up by any proof, and I do 
not believe, with all deference to Mr. Rainey, that it is worthy 
of credence. 

Sixth. "His regulation of the Illinois quarantine has been so 
bad and so incompetent that it has been frequently criticized and 
condemned to me and to others by the officials of the Bureau of 
Animal Industry here in Washington." I call upon Congress- 
man Rainey to give me the name or names of the gentleman or 
gentlemen who have made this criticism, and the criticism, and 
the date thereof. 



-25 



770 DUNNE — JUDGE, MAYOR, GOVERNOR 



DEFENDS INTEGRITY OF WATERWAY 
LEGISLATION. 

In REPLY TO Attack by Congressman Rainey, October 24, 1915. 

In relation to the statement of Congressman Rainey in to- 
day's papers, Governor Dunne issued a statement: "It is diffi- 
cult for me," said the Governor, "fittingly to characterize the 
extraordinary statements made by Congressman Rainey concern- 
ing the Illinois Waterway, or answer him dispassionately. But I 
shall endeavor so to do. His statements concerning the waterway 
are full of assertions which are reckless of facts. 

"That part of the Congressman's statement regarding graft 
in the waterway law is so wildly absurd as to be grotesque. The 
Congressman states his greatest objection to the w^aterway is 
that it contains $700,000 in graft. This is most assuredly news 
to me. The Congressman states that there will be paid out in 
salaries, for fees to experts and officials, $700,000. Where the 
Congressman gets that information I am at a loss to understand. 
The salaries of four commissioners are $5,000 a year and that of 
the president $6,000. The law also provides necessarily for the 
employment of a secretary, attorneys and engineers and their 
assistants. Certainly the law provides for nothing that could 
be tortured into graft. He further says: 'This enormous sum 
of money (referring to the $700,000 so-called graft) will make it 
possible for every member of the Legislature to obtain four or 
five good positions on the waterway project for his constituents.' 
As a matter of fact most of the work on the proposed waterway 
will be done by dredging machines and members of the Dredging 
Machine Union. I am told that there is not a closer union in the 
world and that the blue card of the union is more potent to secure 
that kind of employment than a bushel of political endorsements. 

"He says the law is 'rotten all the way through.' It is so 
'rotten' as to have received overwhelming approval from such 
organizations as the Chicago Association of Commerce, the Rivers 
and Lakes Commission of this State, and the Peoria Association 
of Commerce, the Joliet Association of Commerce, the LaSalle 
Association of Commerce, the Peru Association of Commerce, the 
Cairo Association of Commerce, the Chicago Federation of Labor, 
the Chicago Real Estate Board, the Illinois Society of Engineers 



DUNNE — JUDGE, MAYOR, GOVERNOR 771 

and Surveyors, the River Terminal Conference of eight Mississippi 
valley states, held in St. Louis, February 19, 1915 ; the National 
Rivers and Harbors Congress, Illinois delegation. 

''It also received the endorsement of the Illinois Press Asso- 
ciation, the Chicago Tribune, Chicago Daily News, Chicago Jour- 
nal, Chicago Examiner, Chicago Herald, the Springfield Register, 
the Springfield Journal, the Springfield News-Record, Bushnell 
Record, Belleville News, Aurora Beacon-News, Rockford Star, 
Bloomington Pantagraph, the Bloomington Bulletin, and most of 
the other important and influential newspapers of Illinois. The 
Davenport Press of Davenport, Iowa, and the St. Louis Globe- 
Democrat, of Missouri, have likewise endorsed it. 

''In fact I have not heard of a commercial association, labor 
organization, engineering body or influential newspaper that op- 
posed the project. 

"United States Senators James Hamilton Lewis and Lawrence 
Y. Sherman both addressed a joint session of the Legislature in 
favor of the enactment of the project into law. Carter H. Har- 
rison, former mayor of Chicago, and William Hale Thompson, 
present mayor of Chicago, have also endorsed it. 

"Although there was a considerable Republican majority in 
the House of Representatives and the project was recommended 
by a Democratic Governor, yet the bill passed that body by a 
vote of 107 to 4:1. 

"When the bill came up for hearing in the Senate, Congress- 
man Rainey, at his request, was given an opportunity to express 
his views before the Senate body concerning the bill. He op- 
posed it as bitterly and as recklessly and offensively as he does 
now. Samuel Alschuler, lately appointed to the Federal bench 
by President Wilson, spoke at the same hearing in favor of the 
bill. There was full and complete discussion and although the 
Senate, too, was Republican, the bill likewise passed the Senate 
by a vote of 33 to 9. 

"It would be hard to believe that the associations, the news- 
papers and the individuals that endorsed the waterway project 
would have done so if there had been any suspicion of graft or 
rottenness in connection with it. 

"The Congressman has always demanded and now demands a 
fourteen-foot channel in the waterway. This demand, in view of 
the fact that there is only eight foot in the Mississippi into which 
the Illinois empties, has retarded the construction of the water- 
way for years. A fourteen-foot channel now when the Mississippi 
has only eight foot Avould be immensely more costly and plainly 
impracticable at the present time. 



772 DUNNE — JUDGE, MAYOR, GOVERNOR 

' ' The proposed waterway follows the Illinois River for forty- 
five miles and the old canal for about twenty. The principal 
water power developed will be at Starved Rock, a public park 
owned by the State. 

' ' So long as I am Governor there will be no graft in connection 
with the construction of the Illinois waterway. Congressman 
Rainey's assertions to the contrary notwithstanding. 

"The advantages that will accrue to the State from the con- 
struction of the Illinois waterway are tremendous and I trust 
that the commencement of the work on this immense project will 
be but little longer delayed. ' ' 



DUNNE — JUDGE, MAYOR, GOVERNOR 773 



DEFENDS HIS VETO OF APPROPRIA- 
TIONS. 

Statement Upon the Decision of the Supreme Court in the 
Fergus Case, November 10, 1915. 

In disposing of the Fergus case, the Supreme Court declares 
that in "drawing a strict line betv^^een an officer and an employe 
and holding that the pay of no officer can be provided for in any 
other appropriation bill than one for the pay of members and 
officers of the General Assembly and officers of the State govern- 
ment, a difficult task is set for the Legislature to determine who 
are and who are not officers." This difficult task, however, must 
be faced by every Legislature in the future with the possibility of 
the same mistakes being made that have been made by Legis- 
latures in the past. 

The Fergus decision will have the effect of comDcUing the 
greatest care and caution in the enactment of appropriation bills. 
The net financial results of the Fergus suit, however, in so far 
as they have been disposed of by the Supreme Court, are not 
advantageous to the taxpayers of the State of Illinois. 

The total amount of appropriations vetoed by the Governor 
aggregate $2,270,045. Of this aggregate, $1,743,038 were vetoes 
vetoing single appropriations or single items of an appropriation 
which were not disturbed by the Supreme Court's decision. The 
remaining vetoes held to be invalid aggregate $527,007, being 
vetoes sought to be exercised by the Governor by reducing 
amounts in items of appropriations. As the result of the argu- 
ments in the Fergus case, these attempted reductions have been 
held to be invalid, and the appropriations sought to be reduced 
are permitted to stand in full as passed by the General Assembly, 
thus adding to the expenses of the State and a consequent loss 
to the taxpayers. The foregoing figures have been carefully 
compiled and reported to me by the Legislative Reference Bureau. 

To this increase of appropriations must be added the cost of 
a special session necessitated by the fact that the Legislature, in 
making appropriations in the State Officers' Bill and in the Omni- 
bus Bill, classed some of the employes of the State as State officers 
and some of the State officers as employes. This latter mistake 



774 DUNNE — JUDGE, MAYOR, GOVERNOR 

arose from the fact that the members of the Legislature were 
unable to determine whether certain positions were, according to 
law% State offices or positions of employment, as has been the 
case with members of the Legislature for many years past. 

I fear that future Legislatures will find themselves in the 
same predicament and that these mistakes are liable to occur 
even when great care is taken. 

In the effort to hold the appropriations within reasonable 
bounds, I used the veto power quite vigorously, and this year the 
vetoes of appropriations exceeded, so far as I can ascertain from 
the Legislative Reference Bureau, any vetoes ever exercised by 
any former Governor of the State. I can find no vetoes of ap- 
propriations for the Forty-fourth General Assembly. Vetoes of 
succeeding Assemblies w^ere as f ollow^s : 

45th, 1907-8 $ 647,500 

46th, 1909-10 52.500 

47th, 1911-12 _ 10,000 

48th, 1913-14 1,130,000 

49th (last Assembly) 2,270,045 

The only apparent saving accomplished by the Fergus litiga- 
tion, as against the enormous losses heretofore referred to, are the 
amounts held by the Supreme Court to be invalid, which were 
appropriated for legislative committees, the aggregate appro- 
priations for such committees being only $43,422.11. 

A special session of the Legislature, under the circumstances, 
is absolutely imperative at an early date for the following 
reasons : 

First. The tax rate levy of the State must be fixed in the 
month of December. 

Second. A large number of officers and employes of the State 
have been working without compensation for some time past and 
have been living from hand to mouth with the assistance of 
money loaners, Avho have, I fear, taken advantage of their neces- 
sities. 

The members of the Legislature had better, therefore, hold 
themselves in readiness for an early session, not later than Mon- 
da}', the 22d instant. 



DUNNE — JUDGE, MAYOR, GOVERNOR 775 



ILLINOIS' PLANS FOR WATERWAYS. 

Address at Davenport, Iowa, No\t:mber 11, 1915. 

Mr. Chairman and Gentlemen : 

It gives me great pleasure to be present today in a community 
that has always shown such an active and intelligent interest in 
the development of waterway transportation upon the Mississippi 
River and its tributaries. 

I recognize the fact that the people of Davenport, Rock 
Island and Moline are firmly of the opinion that waterway trans- 
portation should be developed in the interests of the whole com- 
munity. That it was largely through your efforts that the Henne- 
pin canal connecting the Mississippi River with the Illinois River 
was constructed by the Federal Government, and that you are 
alive to the necessity of having that canal connected not only with 
the Illinois River, but with Lake Michigan by the construction 
of a waterway which will enable you to transact commercial 
business not only down the IMississippi River, but with the Great 
Lakes. I have been reliably informed that you have in the city 
of Davenport a publicly owned waterway terminal which is among 
the best and most modern of its kind. It was largely for the 
purpose of visiting and becoming acquainted with this terminal 
that I determined to accept the kind invitation of your committee 
and be present with you today. 

Waterway transportation has been largely retarded in the 
past by the opposition of the railroad interests and by these in- 
terests acquiring and monopolizing the most suitable waterway 
terminals. A time has come in the transportation problem of the 
Nation when, in my judgment, the opposition of the railroads is 
being weakened or is withdrawn. The railroads, I believe, even 
in the judgment of their owners, are not adequate to cope with 
the full transportation of all commodities. The more bulky and 
cheaper commodities cannot be handled by the railroads to their 
entire satisfaction nor to the satisfaction of the public. There is 
room for waterway transportation without cutting into the most 
profitable railway transportation. This situation, I believe, is 
accentuated and intensified in the IMississippi valley, particularly, 
by the opening of the Panama canal. 



776 DUNNE — JUDGE, MAYOR, GOVERNOR 

The opening of the Panama canal is revolutionizing the com- 
merce of the western world. Since its opening it has been found 
by manufacturers in the State of Illinois and surrounding states 
that it is cheaper and more satisfactory to ship certain classes 
of merchandise from the State of Illinois to the eastern seaboard 
and thence by ocean steamers to the Pacific coast, than to ship 
it direct by rail from these same states to the Pacific coast. This 
situation creates a serious handicap for the manufacturers in the 
northern section of the Mississippi valley. In other words, eastern 
manufacturers wdio compete ^^•ith the manufacturers in the Mis- 
sissippi valley have an advantage in shipping to the Pacific coast 
of the difference in the cost of transportation between the Mis- 
sissippi valley and New York. The only way to eliminate this 
handicap is to develop the waterway transportation of the Mis- 
sissippi valley down the valley to New Orleans. That city is 
nearly nine hundred miles nearer the Pacific coast than the city 
of New York, and shipments from New Orleans through the 
Panama canal will be necessarily cheaper than tlie same ship- 
ments from the eastern seaboard. 

The manufacturers of the Mississippi valley are alive to the 
importance of the situation, and 1 am pleased to say that it was 
largely through the ardent and intelligent support that they 
gave to the Governor and Legislature of my State that the last 
Legislature of Illinois voted for the issuance of five million dol- 
lars worth of bonds for the construction of a waterway between 
Lockport and Utica in the Illinois River. The importance of the 
opening of this waterway to the State of Illinois and to the cities 
on the Mississippi river is almost incalculable. 

From the city of Chicago to the city of New Orleans there 
exists today a navigable seven-foot waterway of 1,500 miles, 
save and except for the stretch of sixty-five miles between the. 
cities of Lockport and Utica, Illinois. Over that sixty-five miles 
the Illinois River and its tributary, the Des Plaines River (which 
runs through Lockport and Joliet) there is a rocky ledge with a 
declivity of one hundred forty-four feet which makes it impassa- 
ble, even for rowboats. 

For years the construction of a navigable waterway through 
this gap of sixty-five miles has been earnestly advocated in the 
State of Illinois. Eight years ago the people of the State of 
Illinois, by popular vote, authorized the issuance of twenty mil- 
lion dollars worth of bonds for the creation of this waterway. 
Subsequent to this authorization, discussion arose between those 
who advocated the canal or waterway as to the dimensions of the 
same. Some advocated a twenty-two foot depth, the same depth 
as the Sanitary District canal between Chicago and Lockport; 



DUNNE — JUDGE, MAYOR, GOVERNOR 777 

Others advocated a fourteen-foot depth and still others advocated 
simply the rehabilitation of the old Illinois and Michigan canal, 
which was constructed three-quarters of a century ago with a 
depth of six feet, with locks of a capacity suited for commercial 
boats of that remote time propelled by horses and mules. In the 
midst of this controversy the people became confused and no prog- 
ress was made in the way of actual construction. The engineers 
of the Federal Government were called upon by the Secretary of 
"War to make an investigation into the subject and to report to the 
Secretary of War. In 1911 these engineers reported to the Secre- 
tary of War, who transmitted this report to the next session of 
Congress. In substance this report calls attention to the fact 
that there is only an eight-foot depth in the Mississippi River 
between St. Louis and Cairo, with no likelihood of securing a 
greater depth in the near future. They also suggested that a 
waterway in the Illinois River between Lockport and Utica 
should be constructed with a depth of eight feet. That the State 
of Illinois should be encouraged to build a waterway between 
these points of such a depth and that the Federal Government 
should dredge the Illinois River from its present depth of seven 
feet between Utica and the Mississippi River to a further depth 
of eight feet. 

In view of this report and these recommendations by these 
eminent engineers of the Federal Government, I reached the con- 
clusion, as Governor of the State of Illinois, that the time had 
come when the State of Illinois should do something practical iu 
the way of creating an eight-foot channel from Chicago to New 
Orleans by the construction of a waterway of this depth between 
Lockport and Utica. I called several engineers together and with 
them made a physical examination of the old Illinois and Michi- 
gan canal between Lockport and Utica and the route of the pro- 
posed waterway in the Illinois and Des Plaines Rivers. 

I suggested to these engineers, in view of the fact that there 
was biit eight feet of water iii the Mississippi River, that it would 
be wise for the state to immediately develop a waterway of the 
same depth over this sixty-five miles between Lockport and 
Utica in such a way so as not to prevent a greater depth from 
being obtained in the event that a greater depth may hereafter 
be obtained in the Mississippi River. These engineers reported to 
me in writing within a short time thereafter stating that if a dam 
were erected at Starved Rock, near Utica, where the State of 
Illinois maintains a publieily owned park, that such a depth could 
be obtained in a waterway between Lockport and Utica Avithin 
two vears after the commencement of the work. 



778 DUNNE — JUDGE, MAYOR, GOVERNOR 

I submitted this report to oui; last Legislature with the rec- 
ommendation that a Materway of such a depth be constructed 
immediately and the Legislature, though differing from me in my 
political views, was patriotic enough to treat the matter as a pure 
business proposition and by an overwhelming vote passed a law 
authorizing the construction of such a waterway between these 
points at a cost to the state of Illinois of $5,000,000, which was 
to be obtained by the issuance of bonds. Application was 
promptly made to the Secretary of War for the granting of a 
permit to do this work, and I am pleased to say that all legal 
difficulties have been overcome and that a final hearing upon the 
plans and profiles of the scheme is now under way before the 
Federal engineers under the direction of the Department of War. 

The opening of this waterway will be of incalculable value 
to the State of Illinois and to all the states bordering upon the 
Mississippi River. It will be of particular value to the people of 
Davenport, Rock Island and Moline. The Hennepin canal from 
the Mississippi to the Illinois River has been practically unused 
because of the fact that it ends in the Illinois River just a few 
miles south of Utica and that from the east there is no opening 
that Avould enable boats from the Mississippi River to enter 
Chicago and tap the commerce of the Great Lakes. Once this 
waterway is open, river commerce between Chicago and New 
Orleans will develop enormously and commerce from the Missis- 
sippi River through the Hennepin and Illinois waterways to the 
Great Lakes will be tremendously accelerated. 

I know of no project of such tremendous importance to the 
people of this section as the building of this waterway, and I 
hope to see, within the next two or three years, a commerce de- 
velop between your cities and Chicago and between Chicago and 
New Orleans along these heretofore sparsely used waterways that 
will redound to the wealth and prosperity of Illinois and sur- 
rounding states. 

1 congratulate the city of Davenport upon being so fore- 
handed as to provide such an excellent waterway terminal, and I 
hope that the other cities along the Mississippi River and Illinois 
River, and their tributaries, will be equally wise and provide 
uniform terminals, publicly owned, where all persons can have 
access to their use upon equal terms and conditions. AVhen this 
time arrives a commerce is bound to develop along these water- 
Avays that will redound to the prosperity, not only of this gen- 
eration, but of generations yet to come. 



DUNNE — JUDGE, MxVYOR, GOVERNOR 779 



APPROPRIATIONS BY FORTY-EIGHTH 
GENERAL ASSEMBLY. 

Statement to the Public in Reply to Medill McCormick, 
November 17, 1915. 

Governor Dunne today made the following statement : 
In reference to the statement of Hon. Medill McCormick in 
the public press, would state that I also deplore the increase in the 
appropriations made necessary for the proper conduct of the State 
government. 

To keep those appropriations down, the Governor did every- 
thing within his power and was assisted therein by both of the 
Chairmen of the Committees on Appropriations. 

The Legislative Reference Bureau, as required by law, re- 
quested all departments of the State government to present esti- 
mates. I personally went over many of the estimates presented by 
these departments, and in every case where it was possible, I had 
the Reference Bureau wa^ite to the departments directing them to 
reduce their estimates. 

I had a meeting with the Board of Administration and had 
that body present estimates for all the charitable institutions, which 
were a million eight hundred and fifty thousand dollars less than 
the appropriations requested by the individual institutions, and 
therefore requested the Chairmen of the Appropriations Commit- 
tees to take, and they did take, the figures of the Board of Admin- 
istration rather than the figures of the Reference Bureau as obtained 
from the different charitable institutions. The Board of Adminis- 
tration, after conference with me, further instructed the heads of 
the different charitable institutions to remain at their work and 
to refrain from lobbying and log-rolling in the Legislature. 

In the Governor's department a reduction of $53,000 was made 
from that appropriated by the Forty-eighth General Assembly. 

In my message to the Legislature, I stated: "I earnestly re- 
quest your cooperation in pruning and cutting down the appro- 
priations, where possible, to the actual needs and necessities of 
efficient administration. ' ' 

At the time the Appropriations Committee was considering 
the budget, the members of the Legislative Reference Bureau con- 



780 DUNNE — JUDGE, MAYOR, GOVERNOR 

sisted of four Republicans and one Democrat, and not of a majority 
of Democrats, as claimed by Mr. McCormick. 

The appropriations made by the Forty-ninth General Assembly 
were $48,671,422.59. These figures included the appropriations for 
the foot-and-mouth disease. Of these appropriations I vetoed $2,- 
322,096.42, which is the largest amount of appropriations vetoed 
by any Governor in the history of the State. 

Something like $830,000 will have to be added to the appro- 
priations on account of the decision of the Supreme Court in the 
Fergus suits which became validated because of the fact that the 
court held that the Governor cannot reduce items. 

I note, too, Mr. McCormick 's statement concerning the Effi- 
ciency and Economy Committee. 

In my Inaugural Address to the Forty-eighth General Assem- 
bly, I suggested to that body the creation of an efficiency and 
economy committee. The Forty-eighth General Assembly created 
such a committee and appropriated $40,000 for its work. 

That committee industriously made a full, complete and valu- 
able study of all departments of the State government, which I 
commended to the Legislature's consideration in my biennial mes- 
sage. It presented to the Forty-ninth General Assembly a report 
of 1,051 pages. This report went into every phase of the State 
government and it recommended the consolidation of various boards 
and the abolishment of many offices. 

Special committees were appointed in each House of the Gen- 
eral Assembly to consider the bills prepared by the Efficiency and 
Economy Committee. Many bills were introduced by the Efficiency 
and Economy Committee, but only two of said bills were passed by 
the Legislature. One provided for a State Superintendent of 
Printing and the other provided for a system of uniform reports. 
Mr. McCormick was a member of the Efficiency and Economy 
Committee in the House. The other bills introduced along the lines 
of the report of the committee failed of enactment. 

The same Legislature that is now about to be called in special 
session had the report and bills of this commission before it for 
several months. The regular session of the Forty-ninth General 
Assembly took up nearly six months' time and failed to enact into 
law the recommendations of the Efficiency and Economy Commit- 
tee. Of what practical use would it be then to incorporate in the 
call for the special session a provision for the continuation of such 
a committee by this same Legislature? 

The report of the Efficiency and Economy Committee, as I 
stated before, consisting of 1.051 pages, is printed and every mem- 
ber received a copy of it, and future General Assemblies can well 
consider the recommendations made by the Efficiency and Econ- 
omy Committee of the Forty-eighth General Assembly. 



DUNNE — JUDGE, MAYOR, GOVERNOR 781 

At the special session the Legislators will be serving practi- 
cally without compensation and will be in no mood to have heaped 
upon them labors which they declined at the regular session. 

I do not know where Mr. McCormick got his information that 
the Illinois Centennial Commission, which has already expended 
money for a laudable purpose and whose labors are still incomplete, 
was not going to be included in the special call. 

The same applies to the Hull Pension Commission. This, too, 
is a most important matter and should, by all means, be included in 
the special call. 

The Governor did everything within his power to keep the 
appropriations down to the minimum for efficient State government. 



782 DUNNE — JUDGE, MxiYOR, GOVERNOR 



ON THE OPPRESSION OF POLAND. 

Address to Polish Citizens, Chicago, November 28, 1915. 

Mr. Chairman, Ladies and Gentlemen: 

A century ago Thomas Campbell aroused the English- 
speaking world to the tragedies of Poland in a poem of wondrous 
beauty. 

Today in the depth of her woe, Campbell's lines with a 
change of one word apply to the Poland of the twentieth century : 

"O bloodiest picture in the book of Time, 
Samartia bleeds unwept without a crime, 
Finds not a generous friend, a pitying foe, 
Strength in her arms, nor mercy in her woe." 

Today we are presented again with a spectacle &t a great, 
valiant and vigorous race, guiltless before the nations of any 
crime, being overrun by the warring legions of Germany, Austro- 
Hungary and Eussia, her fields devastated, her cities destroyed, 
her temples desecrated and her children being steadily starved and 
slaughtered in the deadly struggle now raging in Europe. Worse 
than all, her valiant sons are being conscripted and forced into 
the armies of the warring nations and compelled agamst their 
wills to take each others lives without any heart or interest in 
the conflict. 

I know of no nation which has done so much for civilization 
and Christianity and has suffered so much from Christian na- 
tions. For four centuries the Polish nation stood in the words 
of Victor Hugo: "As a knight among the nations," defending 
western civilization and Christianity from the onslaught of ]\Io- 
liammedism and barbarism. Under Sobieski the Polish nation 
hurled back the Ottoman hordes from the walls of Vienna. She 
furnished a Poniatowski to France and a Kosciusko and Pulaski 
to America. In her prime she possessed a territory as great as 
that now occupied by the German empire, and with a population 
of thirty millions. She furnished a refuge to the oppressed of 
all lands. She guaranteed civil liberty and the exercise of 
religious freedom. The persecuted Jew found in Poland a rest- 
ing place and a home, and yet today she stands in Europe as the 
Niobe among the nations, Aveeping over the loss of her children 
that are not. 



DUNNE — JUDGE, MAYOR, GOVERNOR 783 

To and fro across her fertile fields the Slav and the Teuton 
armies have waged their awful battles, leaving in their wake 
starvation and disaster. 

I am here today to express my profound sympathy with the 
Polish people. One hundred and fifty years of oppression, war 
and massacre, of depopulation and disaster have not broken the 
proud spirit of that liberty-loving race. Still the love of liberty 
prevails. Still the aspiration for nationality endures. It has 
not been beaten down by cannon or destroyed by fire. The 
spirit of the Polish people is irrepressible. With such a tenacious 
love of liberty and Christianity, I believe it is impossible to ex- 
terminate or repress the aspirations for Polish nationhood. 

Today she is again going through the travails and trials to 
which she has been subjected in the past and I believe she will 
emerge therefrom with the same irrepressible and inextinguish- 
able love of liberty and nationhood. Who knows but that in the 
outcome of this terrific conflict that some means may be found 
to again re-create the Polish nation to stand as a wall between the 
Slav and Teuton and thus enable her to resume her place among 
the nations of the world. 

But whatever the outcome the cry of Poland in her agony 
should ring round the world. She is not responsible in any way 
for the conflict now raging. Her children are guiltless of wrong 
and her sufferings are beyond the power of language to describe. 
I know of no cry for relief that ought to more readily be re- 
sponded to than the cry of the impoverished women and children 
of unhappy Poland, nor one that should receive a more ready 
response from the people of America and of the world. 

God grant that an early dawn may soon banish her black 
night of sorrow and distress. 



784 DUNNE — JUDGE, MAYOR, GOVERNOR 



EXPLAINS THE STATE TAX RATE FOR 

1915. 

Statement to the Public, December 4, 1915. 

Governor Dunne last evening, after a meeting of the State 
Tax Commission, made the following statement: 

The State Tax Commission, at its meeting today, fixed the 
tax rate of the State of Illinois for the ensuing year at 55c, an 
increase of 7 cents over the 48-cent rate fixed in the year 1914. 

The increase in the State tax rate is made necessary by the 
following extraordinary items of expenditure: 

For foot and mouth disease $1,430,600 

Increased appropriation for State School fund 1,000,000 

Increased appropriation for State University 500,000 

Increases in appropriations made at the special session of 
the Legislature, which special session was made neces- 
sary by the Supreme Court decision in the Fergus case 175,000 
Items vetoed in part and restored to their full amounts 
by the decision of the Supreme Court in the suit of 
Fergus et al. vs. Russel et al. (This includes items 
vetoed in part by the Governor, which vetoes were 

held by the Supreme Court to be unconstitutional) 455,000 

Increased appropriations for State Normal Schools 310,000 

Increased appropriations for good roads „... 888,790 



$4,769,390 



In fixing the tax rate at 55c, the State Tax Commission took 
into consideration that there will probably be an additional Ap- 
propriation of $250,000 made by another special session, for the 
foot and mouth disease. Every increase in the appropriation 
of $250,000 makes necessary an addition of one cent to the tax 
rate. 

Were it not for the extraordinary expenses noted above, the tax 
rate this year would have been reduced to 36c. a reduction of 12c 
from the tax rate which was fixed in the year 1914. 



DUNNE — JUDGE, MAYOR, GOVERNOR 785 



ON THE HANGING OF JOSEPH DeBERRY 

AND PROPOSED EXECUTION OF 

ELSTON SCOTT. 

Statement to the Public, December 14, 1915. 

On the night of October 15 my attention was called to the 
fact that the execution of Joseph DeBerry was about to take 
place on the following day in Murphy sboro, Illinois. 

My informants stated that about two thousand people were 
to be invited by the sheriff to witness the execution. I had my 
secretary telephone the sheriff and inform him of the information 
that had come to me. The sheriff stated to my secretary that 
the accounts Avere exaggerated and promised that the execution 
would be conducted in accordance with the law of the State. 
Resting upon this assurance I permitted the execution to take 
place, in the confident belief that it would be conducted with 
decent privacy. 

On October 16 the execution took place under circum- 
stances which gave it the character of a public execution, the 
•deputies and invited witnesses aggregating all the way from one 
thousand to two thousand persons inside the stockade. 

Photographs were permitted to be taken of the scenes sur- 
rounding the execution. These photographs have been, since the 
execution took place, exhibited in many theaters ; being widely 
advertised on large posters and on small hand bills, copies of 
which are at present in my possession. 

I am credibly informed by reliable citizens of Murphysboro 
that the invitation tickets to the execution were hawked about 
and sold upon the streets of Murphysboro prior to the execution. 
In view of these distressing circumstances which surrounded the 
DeBerry execution I believe it my duty to communicate with 
Sheriff White of Jackson County, in which is situated IMurphys- 
boro, in reference to another execution which was scheduled to 
take place on October 22. On October 18 I wired the sheriff 
as follows, and received the following reply: 



786 DUNNE — JUDGE, MAYOR, GOVERNOR 

"October 18, 1915. 
Hon. James A. White, Sheriff, Jackson County, Murphysboro, 
Illinois. 

I am informed that it will be j'Our duty, unless a reprieve is 
granted, to execute a man next Friday. I, therefore, wire you 
in reference to the arrangements that you may make for carrying 
out the process of the law. Last Saturday an execution took 
place in Murphysboro, surrounded by circumstances which, if 
they existed as described in the newspapers, is a scandal and 
disgrace to this State. The papers say that two thousand men 
w^ere Avithin the enclosure witnessing the execution, and I am 
informed that the sheriff admits that there were at least one 
thousand people present, claimed to be deputy sheriffs. Such 
tragedies, Avhen required by law, should be carried out w4th 
decorum and decency and in the presence of as few witnesses as 
possible, to-wit : the jury, physicians, clergymen and the neces- 
sarj" deputy sheriffs. I enjoin upon a'ou the necessity of con- 
ducting this execution with decorum, decency and privacy. 
Please wire me what arrangements you have made and how many 
people you have invited or deputized to be present at the execu- 
tion next Friday. 

E. F. Dunne, Governor." 

"Murphysboro, III., October IS, 1915. 
Hon. E. F. Dunne, Governor, Springfiehl, III. 

In reply to your wire will say that the execution which took 
place here last Saturday was conducted with solemnity and decency 
and with as much privacy as any other legal execution which ever 
took place in southern Illinois. The press reports were greatly 
exaggerated, and I am in no way responsible for their misrepre- 
sentations. I have not brought disgrace or scandal on the State, or 
my county, and regret that certain things were reported by the 
press as being true, which, in fact, never occurred. The execution 
Avhich is to take place here next Friday, unless prevented by j^our 
action, Mall be conducted in accordance with the law and the sen- 
tence of the court. 

James A. "White, 
Sheriff, Jackson County." 

Whereupon I again wired the sheriff as follows and received 
the following reply: 

''October 19, 1915. 
Hon. James A. White, Sheriff, Murphysboro, HI. 

You have not answered my inquiry 'How many people have 
you invited or deputized to be present at execution next Friday?' 



DUNNE — JUDGE, MAYOR, GOVERNOR 787 

Please answer definitely today how many have been or will be 
invited or deputized. 

E. F. Dunne, Governor." 

" MuRPHYSBORO, III., Octoher 19, 1915. 
Hon. E. F. Dunne, Governor, Springfield, III. 

In reply to your wire just received, beg to advise that it is 
my intention to invite the presence of the judges, prosecuting attor- 
ney and clerks of the courts of this county, together with two 
physicians and twelve reputable citizens to be selected by me. Also 
such ministers of the gospel, not exceeding three, as the prisoner 
shall name, and the immediate relatives of said prisoner. Also such 
officers of the prison, deputies and constables as I shall deem 
expedient to have present at the execution, which is to take place 
here Friday of this week, in accordance with section 3 of division 
14 of the criminal code of this State. 

James A. "White, 
Sheriff of Jackson County." 

In view of the outrageous circumstances surrounding the first 
execution, and in view of the further fact that I could not receive 
assurances from Sheriff Wliite as to the number of people that 
would be invited or deputized to be present at the second execution, 
I reprieved the prisoner, Elston Scott, thirty days, in order to avoid 
a repetition in the State of Illinois of an execution surrounded by 
such circumstances as in the DeBerry case. 

On November 10 I again wrote Sheriff' White the following 
letter and received the following reply: 

"November 10, 1915. 
Hon. James A. White, Sheriff of Jackson County, Murphyshoro, 
niinois. 

Sir : Kindly inform me what arrangements have been made 
by you for carrying out the execution of Elston Scott on Friday, 
November 19. 

State particularh' the number of persons to be deputized or 
invited to be present at the execution. I desire this information 
with much definiteness so as to determine my future action in refer- 
ence to this case. , 
Yours truly, 

(Signed) E. F. Dunne." 



/Ob DUNNE — JUDGE, MAYOR, GOVERNOR 

" MuRPHYSBORO, III., Novemlter 11, 1915. 
Hon. Edward F. Dunne, Governor, Springfield, III. 

Sir : Yoiir letter of the 10th instant requesting me to advise 
you what arrangements have been made by me for carrying out 
the execution of Elston Scott on Friday, November 19, and also 
requesting me to state particularly the number of persons to be 
deputized or invited to be present at the execution, just received. 
Replying thereto, will say that as yet I have made no arrangements 
for the execution of Scott, but unless prevented by your action, he 
will be executed on November 19, 1915, in accordance with section 3, 
of division 14, of the criminal code of Illinois. Or, in other words, 
the witnesses and officials required by law will be invited, and as 
many deputies as I may deem expedient. 
Respectfully, 

James A. White, Sheriff." 

"Whereupon I again wrote the sheriff a letter as follows and 
received the following reply: 

''November 12, 1915. 
Hon. James A. White, Sheriff of Jackson County, Murphy store, 
niinois. 

Sir : Your letter of the 11th instant is before me. 
You do not answer the request in mine of the 10th instant, in 
which I ask you to 'state particularly the number of persons to be 
deputized or invited to be present at the execution. ' 

Please let me have this information by return mail. In other 
words, please state the number of witnesses you intend to invite 
and the number of deputies you intend to deputize. 
Respectfully, 

E. F. Dunne, Governor." 

" MuRPHYSBORO, III., Novemter 13, 1915. 
Hon. E. F. Dunne, Governor, Springfield, III. 

Sir : Replying to your letter of the 12th instant will say that 
I have repeatedly advised you of my intentions regarding the execu- 
tion of Elston Scott, and have nothing to add. 
Respectfully, 

James A. White, Sheriff." 

In view of the refusal of the sheriff to indicate the number 
of deputies and witnesses that were to be invited or deputized, I 
again reprieved the prisoner, Elston Scott, until December 17, 1915. 

On December 10 I again wrote the sheriff as follows and 
received the following reply: 



DUNNE — JUDGE, MAYOR, GOVERNOR 789 

"December 10, 1915. 
Hon. James A. White, Sheriff of Jackson Comity, Murphyshoro, 
Illinois. 

Sir : Kindly inform me what arrangements have been made 
by you for carrying out the execution of Elston Scott on next 
Friday. 

State particularly the number of persons to be deputized or 
invited to be present at the execution. I desire this information 
with much definiteness so as to determine my future action in refer- 
ence to this case. 

Yours truly, 

E. F. Dunne." 

" Murphysboro, III., December 11, 1915. 
Hon. E. F. Dunne, Governor, Spring field, HI. 

Sir: Your letter of the 10th instant requiring information as 
to my arrangements for carrying out the execution of Elston Scott 
on next Friday received at five o'clock p. m. today. However, I 
noticed by press reports of yesterday that you had, or intended 
writing me again, but as it is an exact copy of your inquiry of 
November 10, except as to dates, beg to advise that I have nothing 
to add to my reply of November 11. 
Respectfully, 

James A. White, Sheriff." 

In view of the repeated refusals of Sheriff White to disclose 
the number of deputies and witnesses he intends to invite to the 
execution of Elston Scott, and in view of the shameful surroundings 
of the DeBerry execution conducted by Sheriff White, I have again 
determined to reprieve the prisoner, Elston Scott, lest such another 
disgraceful spectacle as was presented at the DeBerry hanging take 
place in the State of Illinois. 



790 DUNNE — JUDGE, MAYOR, GOVERNOR 



ILLINOIS SENATE ENDORSES GOV. 

DUNNE FOR U. S. SUPREME 

COURT. 

Senate Resolution No, 16, Unanimously Adopted 
January 20, 1916. 

Whereas, through the death of the late Associate Justice 
Lamar a vacancy now exists upon the bench of the Supreme Court 
of the United States; and 

Whereas, President Woodrow Wilson, upon whom the duty 
no"\v falls of naming a successor to the late Justice Lamar, is now 
carefully considering the merits and qualifications of numerous 
distinguished jurists and Americans for such vacancy; therefore, 
be it 

Resolved, That the Senate of the State of Illinois, in special 
session herewith assembled, hereby respectfully presents to the 
distinguished consideration of the President, the name of a man, 
already publicly mentioned in connection with the vacancy with 
its sincere and unanimous endorsement, the name of Governor 
Edward F. Dunne of Illinois; be it further 

Resoh'ed, That President Wilson be respectfully asked to 
consider the long and distinguished service of Governor Dunne 
as a judge on the bench, in Avhich position he distinguished him- 
self for tine legal ability, broad human sympathy, a progressive 
view of law in keeping with the spirit of the times. His honesty 
was, and is, proverbial, his fair dealing unquestioned, and his 
open, appealing democracy such as to make him a real friend of 
men; in other words a man of true judicial temperament, well 
fitted to grace the bench of the Supreme Court of this country; 
be it further 

Resolved, That the Senate of the State of Illinois hereby 
gives its unanimous endorsement to the report that President 
Wilson is considering the qualifications of Governor Dunne and 
earnestly requests him to give due and careful consideration to 
his qualifications before making a final decision; and, also be 
it further 

Resolved, That an engrossed copy of tliese resolutions, duly 
authorized by the President and Secretary of the Senate be for- 
warded at once to His Excellency, Woodrow Wilson, President 
of the United States. 



DUNNE — JUDGE, MAYOR, GOVERNOR 791 



ABRAHAM LINCOLN. 

Address before the Annunciation Club, Buffalo, New York, 
February 15, 1916. 

Mr. Chainimn and Gentlemen: 

At your kind invitation I come to participate with you in the 
celebration of the anniversary of the birth of a great American 
President and statesman, Abraham Lincohi. 

I come from a State which is proud of its history and achieve- 
ments; from a State wliich although not yet a century old, has 
advanced into the front rank of the States of the Union. 

We are proud in Illinois of the fact that that comparatively 
young State has distanced her sister States, excepting two, in popu- 
lation, wealth, manufacturing and political importance; that she 
stands first in agricultural wealth, fertility of soil and railway 
development. But proud as we are of her material prosperity, we 
are prouder still of her history and the part she has plaj^ed in the 
history of the Nation. 

"We are proud that it was on the soil of Illinois that the gentle 
Pere Marquette made most of his important discoveries and planted 
the cross of Christianity in 1673, his mission being one for the 
salvation of souls and not the subjugation of the bodies of men. 

We are proud of the achievements which La Salle and Joliet, 
Tonti and Hennepin accomplished on Illinois soil. 

We are proud of the fact that the hardy pioneers who dwelt 
in the wilderness around Kaskaskia in what is now the State of 
Illinois, anticipated, in 1771, the demands of the colonists in Massa- 
chusetts, New York, Virginia and the rest of the thirteen colonies 
when they repudiated Lord Dartsmouth's "Sketch of Government 
for Illinois," as "oppressive and absurd," and declared "should a 
government so evidently tyrannical be established, it could be of 
no duration. There would exist the necessity of its being abol- 
ished." This declaration of independence antedates that of 1776 
in Philadelphia by five years. 

We are proud of the fact that on Illinois soil took place, on 
July 4, 1778, the struggle resulting in the capture from the English 
by George Rogers Clark of the Fort of Kaskaskia, which wrested 
forever from the British crown all of the territory west of Penn- 
sylvania lying between the Ohio and Mississippi Rivers. 



792 DUNNE — JUDGE, MAYOR, GOVERNOR 

We are proud of the fact that it was on the soil of Illinois that 
its two intellectually gifted sons argued out before the people sit- 
ting as a jury the greatest moral issue that this country has ever 
faced — the issue as to whether this country could long endure as a 
republic with human slavery legally enforced in one part of it, and 
legally prohibited in another. 

We are proud of the fact that that great issue, as the result of 
that great debate, was finally settled right in the awful arbitrament 
of war under the leadership of the great soldier furnished by 
Illinois in the Nation's crisis, backed by the valor of 125,000 sons 
of Illinois upon the battlefield. 

We are proud of the fact that Illinois produced in the Nation 's 
crisis a U. S. Grant to lead her soldiers to final victory, and that 
in that great war for the preservation of the life of the Nation she 
produced such brilliant generals as Logan, Shields, McClernand, 
Oglesby, Mulligan and Lawler and others who have shed illustrious 
honor upon the State, but above and beyond all, Illinois is proud of 
the fact that she gave to the Nation and to the world in 1861 the 
greatest humanitarian and statesman of the nineteenth century, one 
of the most wonderful men in history in the person of Abraham 
Lincoln. 

We are celebrating tonight the natal anniversary of this great 
man and I am called upon to speak appropriately to the theme. I 
fear that in calling upon me for this purpose you have over-rated 
my powers. Since the death of Lincoln, his name has been upon 
the tongues and pens of most of the great orators and writers of 
the world. With the single exception probably of Napoleon, no 
name has so engrossed the attention of the civilized world in the 
last century as has that of Lincoln. Orators, poets and historians 
have vied with each other in doing honor to that illustrious name 
and yet the theme has not become threadbare or exhausted. 

Four men who have reached the Presidency of this great Re- 
public stand out among their fellow Presidents as Titanic figures 
in American history — Washington, the ideal patriot; Jefferson, the 
ideal statesman ; Jackson, the ideal citizen-soldier, and Lincoln, 
the ideal humanitarian. 

We are gathered tonight to honor the last but not the least of 
these great men. 

Lincoln's character is remarkable in that it seems to grow 
and increase in public estimation as the years go by. I doubt that 
his contemporaries appreciated in his lifetime the wonderful char- 
acter of the man. When one stands alongside of some great archi- 
tectural triumph with his hand upon its base he fails to drink in 
the symmetry and grandeur of the structure. It is only when he 
stands awav from the base of the monument that he begins to 



DUNNE — JUDGE, MAYOR, GOVERNOR 793 

appreciate its dignity and symmetry, and so it is with the charac- 
ter of Lincoln. Those who lived and worked with him. it seems 
to me, never appreciated at its full worth the marvelous charac- 
ter of the man. It is only as the years roll by and as we get the 
perspective of time that we recognize the simplicity and nobility 
of his character, 

Lincoln's personal history is one of the saddest and strangest 
in all history. Born in a miserable log hut, in the direst poverty, 
without the education of schools, without influential friends, Avith- 
out physical attraction, without money or property and without 
antecedents, by virtue of his innate moral rectitude and intel- 
lectual ability alone, he struggled upward and onward until he 
died in the White House, President Chief Executive of the great- 
est Republic on the face of the earth. 

Thomas a'Kempis in his beautiful work, the "Imitation of 
Christ," has pointed out in the choicest language how to become 
a follower of the Christian Redeemer. It is a work that is written 
for and appeals to Christians. Lincoln Avas not a Christian. I 
doubt if he was ever affiliated with any church. Indeed, his 
biographers show that in the early days of his manhood he read 
much of Thomas Paine and Voltaire. He was probably a deist, 
a believer in the existence of an all-wise Providence, but a dis- 
believer in miracles, revelation, the atonement, and punishment 
after death. 

He probably never read or heard of the "Imitation of 
Christ," and yet fate or destiny made him unconsciously a man 
who was surrounded all his life by many circumstances such 
as we read of in the life of Christ. He was born in a lowly cabin 
in the outskirts of ciA'ilization. He was the son of a rude and 
unlettered carpenter. He lived in the direst poverty. He 
preached the doctrines of human equality. He Avas filled Avitli 
sympathy for the poor and distressed. He demanded equality 
before the law, and died a martyr to the cause of humanity. 

1 Avill discuss his character tonight from three standpoints. 
First, from the standpoint of his profession as a laAvyer ; second, 
from the standpoint of statesmanship, and third, as a man of 
many sorroAvs. 

For tAventy-three years of his life Abraham Lincoln practiced 
laAV for a living in the Springfield district of Illinois. It was 
knoAvn as the eighth judicial circuit and comprised one-seA^enth 
of the Avhole State. Without scholastic education, or in fact any 
education except that AAdiich Avas acquired through his oavh 
efforts, and Avithout even examination as to his legal attainments, 
he Avas early admitted to the bar. Prior to that admission his 
whole lifa had been that of a manual laborer. Despite his early 



794 DUNNE — JUDGE, MAYOR, GOVERNOR 

handicaps he soon discovered in himself that strength of character 
and mental force which makes men great. Imbued Avith a nat- 
ural facility of speech and a lucidity of thought which found ex- 
pression in the simplest of language, he felt himself qualified to 
become a pleader of the rights and demands of others. His con- 
fidence in himself was well-founded. After receiving his license 
to practice he commenced a professional career as a lawyer which 
rapidly developed into a successful practice. 

No man in the profession in this time worked so tirelessly 
and incessantly. Astride a powerful horse, with his sa(l(llel)ags 
containing his briefs and pleadings, or, in a wobbling, dilapidated 
buggy he followed the Circuit Judge from county seat to county 
seat through fourteen counties, over almost impassal)le roads, 
sleeping in impossible taverns, often sharing a bed with fellow 
lawyers, or sometimes with the Circuit Judge himself. For 
weeks at a time he was away from his home and office, constantly 
trying cases in the then obscure and widely separated county 
seats of eastern central Illinois. No farmer or mechanic of to- 
day did half of the physical labor performed by Lincoln in mak- 
ing these fearful pilgrimages. The remarkal)le feature of these 
laborious trips is the fact that thronghout them all he preserved 
his health and good temper. The physical hardships of his early 
life seemed to have inured him to all kinds of harrassing wear 
and tear, his temperate habits preserved his extraordinai'v physi- 
cal strength, and the unfailing good humor and lightheartedness 
with which liis Maker endowed him, enabled him after a hard 
day's work to cast off his cares as easily as he discarded his 
overcoat. 

No laAvyer in the circuit tried as many nisi prius cases as did 
Lincoln. For a time in his career on the circuit he was almost 
incessantly in court, being retained on either side of nearly every 
case on trial. 

Nor were his labors confined to the Circuit Court. The labor 
performed by him on briefs filed in the Supreme Court was 
prodigious. In the first twenty-five volumes of the Supreme Court 
reports his name appears as counsel 173 times. In some of these 
cases doubtless the briefs may have been prepared by associate 
counsel, but no lawj'er could have had 173 cases in the Supreme 
Court within twenty-three years without having done an enor- 
mous amount of work on the same, both in the Circuit and Su- 
preme Courts. The wonder of the thing grows upon us when we 
reflect that for many years he prepared his OAvn pleadings in 
long hand ; that his brief book was kept in his pocket and some- 
times in his hat, and that in his early days in the profession, he 
was very careless and unmethodical. 



DUXXE — JUDGE, MAYOR, G0\T:RX0R 795 

His industry, however, marvelous as it was, never equaled 
his modesty. Lincoln was not a commercial lawyer. He knew not 
how to capitalize anything: least of all did 'he know how to 
capitalize his own wonderful genius. The possessor of rude but 
convincing eloquence that persuaded juries and convinced courts, 
endowed by God with a nobility of character and a love of truth 
which shone through his every act and work and brought success 
to nearly every cause he championed, this great man and this 
great lawyer was possessed of an instinctive modesty that refused 
to rate his own worth in mercenary cash. 

The man who within a few years afterward gave utterance 
to that immortal classic at Gettysburg and penned the likewise 
immortal Emancipation Proclamation, in his own estimation, as a 
lawyer was not worth $25.00 a day. On one of his circuits^ it is 
said, Lincoln only collected $5.00 in cash. On many of them, 
most of his fees were $5.00 a trial, and in but very few cases did 
he receive $50.00. 

Ills guileless and uncommercial character as a laAvyer is but 
illustrated by his notes made preparatory to a law lecture. 

"The matter of fees is important," he wrote, "far beyond 
the mere question of bread and butter involved. Properly at- 
tended to, fuller justice is done to both lawyer and client. An 
exorbitant fee should never be charged. As a general rule, never 
take your whole fee in advance, nor any more than a small re- 
tainer. AVhen fully paid ])efore hand, y6u are more than mortal 
if you can feel the same interest in the case as if something was 
still in prospect." 

On one occasion when he learned that an attorney who had 
retained him had charged $250.00 for their joint services, he 
refused to take any share of the money until the fee had been 
reduced to what he deemed a reasonable amount. 

For this and other outrages of this character upon the legal 
profession, he was denounced by Judge David Davis, who said: 
"Lincoln, you are impoverishing the bar by your picayune 
charges," and he was tried by his brother lawyers in a mock 
court, condemned, found guilty, and paid his fine Avith the utmost 
good nature. 

The lack of financial acquisitiveness, amounting at times to 
self -deprivation, characterized his every station in life from grocery 
clerk to the Presidency and impelled him at all times to side Avith 
the under dog and to champion the cause of the poor, the lowly and 
the oppressed. 

But Lincoln, the lawyer, was not only industrious and modest, 
he was incorrnptibly honest. He could not and would not lie, dis- 
semble, pettifog or corrupt. Lincoln fought his legal battles in the 



796 DUNNE — JUDGE, MAYOR, GOVERNOR 

open. Although a power in politics, he never maneuvered and 
intrigued to get a man on the bench that he could own. Although 
a member of the Legislature and of Congress, he never was a lobby- 
ist, either during his term of office or afterwards. He never joined 
swell clubs or fawned upon the wealthy. He never invited judges 
on the bench to stretch their legs and consciences at private dinner 
parties. He never dosed them with Ruinart and Cliquot or fur- 
nished them with private cars and free transportation. He had no 
systematized departments in his law office called "Tax Depart- 
ment, ' ' wherein the duties of the tax lawyer was to fix the assessor ; 
"Legislative Department," wherein the legislative lawyer was 
detailed to see the councilman and assemblyman; "Publicity De- 
partment," wherein the publicity lawyer was employed to fix the 
newspapers ; ' ' Claim Department, ' ' wherein the claim lawyer was 
detailed to get to the hospital with a re'ceipt in full before the 
injured claimant was operated upon; "Coroner's Department," 
wherein the deputy lawyer arranged to draft the verdict for the 
accommodation of the coroner's jury; nor a "Settlement Depart- 
ment," whose duty it was to settle cases with litigants behind the 
backs of the lawyers who had brought suits and got them in readi- 
ness for trial. Lincoln would have scorned to preside over, or be 
found in, such a law office. 

Lincoln tried some important lawsuits for corporations, but 
his ability could be hired and not his conscience. He could never 
be hired to advise a client, no matter how wealthy, how to violate 
the law, how to cajole or corrupt a court or jury, how to fix an 
assessor, or debauch a councilman or legislator. 

Even when retained in a case where he owed the duty of giving 
his best efi^orts to his client, he insisted that the client must act with 
honor. 

It is said that during the trial of one of his cases he detected 
his client acting dishonorably, whereupon he walked out of the 
courtroom, and refused to proceed with the trial. Upon the judge 
sending a messenger after him, directing him to return, he posi- 
tively declined, saying, "Tell the judge my hands are dirty and 
I 've gone away to wash them. ' ' 

Nor would he accept a retainer in a case which was legally 
right, but morally wrong. 

To a prospective client, seeking his services, he once said : 

"We can doubtless win your case, set a whole neighborhood 
at loggerheads, distress a widow and six fatherless children, and 
thereby get you six hundred dollars, to which you have a legal 
claim, but which rightfully belongs to the widow and her children. 
Some things that are legally right are not morally right. "We would 
advise you to try your hand at making $600 some other way. ' ' 



DUNNE — JUDGE, MAYOR, GOVERNOR 797 

Such were the principles that actuated and governed Lincoln 
in the practice of his profession. A remunerative practice in any 
profession is a laudable ambition, but too often that ambition is 
tainted with the "get-rich-at-any-cost" spirit of the age. 

Judged by the test of the accumulation of money, Lincoln was 
not a great lawyer, but judged by the test of probity, integrity, 
loyalty to clients and adherence to the right, Lincoln was among 
the greatest lawyers of his day. 

Let us now turn to the career of Lincoln as a statesman and a 
leader of men. 

When he first appeared in public life he had many drawbacks 
and disadvantages to contend with. He had neither a good educa- 
tion nor a good personal appearance. Truth compels us to admit 
that Lincoln was homely in face and ungainly in figure. Both his 
portraits and the pen descriptions of him by his contemporaries 
unite in picturing him as a very homely-faced man with a singu- 
larly awkward and ungraceful carriage. Six feet four 'inches in 
height, Avith long arms and long legs, when seated he did not seem 
to be larger than the ordinary man. His vocabulary was rude, 
simple and at times coarse, the natural result of his early environ- 
ment. 

Notwithstanding these drawbacks, his clear, lucid mind, backed 
by his facility of speech, early enabled him to discover the vital 
point in the discussion of any great issue as it enabled him to dis- 
cover the vital point in the trial of a lawsuit. While still a young 
man as the central figure of a combination of nine energetic men 
in the Legislature, he succeeded in transferring the capital of the 
State from Vandalia to his home city, Springfield. To accomplish 
this required tact, diplomacy, industry and compelling ability, the 
same quality that brought about his election as captain of his com- 
pany in the Black Hawk War. 

Upon turning his attention to the general national issues of the 
country he early discovered the moral weakness and untenability 
of human slavery as being a part of the institutions of the Republic. 
He early recognized the fact that the American Nation was born 
with a disfiguring birthmark upon his brow and that that birth- 
mark must eventually be effaced before the Nation could stand per- 
fect among the other nations of the world, and yet with the full 
consciousness that slavery must be ultimately abolished in the 
United States, he was practical enough to know that the time for 
bringing about this great change must be selected under propitious 
and favorable surroundings, and that a premature attempt to 
abolish slavery, particularly by confiscation, would be apt to be 
ruinous to its advocates. Therefore, while determined to abolish 
slavery, he refused to join the abolitionists. 



798 DUNNE — JUDGE, MAYOR, GOVERNOR 

Lincoln preferred to bide his time and let the leaven of anti- 
slavery sentiment do its work in its own good time. He knew 
that under the Constitution of the United States slavery was rec- 
ognized and tolerated, but also that under the same Constitution 
the confiscation of property rights was illegal. He. therefore, 
favored a moderate policy in the firm belief that a time would 
come in the history of the country when slavery could be abol- 
ished by compensation. None the less, he had no patience with the 
devious and shifting devices resorted to by statesmen of his day 
for the further extension of slavery into free territory. 

If the abolition of slavery must await until a propitious time, 
nevertheless its extension to free territory, he insisted, should 
not be tolerated. The attempted extension of slavery to free ter- 
ritory he knew would be the rock upon which the party in power 
must be shipwrecked. There he took his stand and there he re 
mained in the advocacy of the opposition to such extension unti) 
he found himself the leader in the Nation of those who opposed 
slavery. Fortunate for Lincoln was it that the great leader of 
the opposite doctrines of compromise and extension lived in his 
own State and city, where Lincoln could watch his career, analyze 
his mistakes and note his errors. 

Douglas at heart was not a believer in slavery, but his long 
career in public life, particularly in the Senate of the LTnited 
States, brought him in contact with all the leaders of the pro- 
slavery forces. He knew their strength, power, and ability. He 
knew the tenacity with which the slave-holders of the South had 
labored to preserve the institution of slavery. He w^as a patriot 
and lover of his country and he feared the power and strength of 
the proslavery people and feared that that strength and power 
would be utilized to rend in twain the Nation if the abolition of 
slavery by confiscation were attempted. Douglas believed he was 
struggling for the preservation of the integrity of the Union, and 
all his policies and all his speeches were designed and delivered 
with the purpose of preventing that calamity. 

He was possessed of the idea that the slave-holding element 
had strength and power enough to bring about a severance be- 
tween the states and a division of the Republic. He submerged 
the great moral issue in the interest of the integrity of the Nation. 
Lincoln took higher and loftier ground. He believed the time 
must come when slavery must be abolished and that when that 
time came no attempt to sever the Republic upon such an issue 
could prevail with the American people. 

But until the time became ripe for the enunciation of the 
doctrine of abolition he was content to stand and fight along 
the line of opposing the extension of slavery to the territories 



DUNNE — JUDGE, MAYOR, GOVERNOR 799 

of the West. He determined that the citadel of slavery must 
eventually be stormed, impregnable as it seemed to be at the time. 
Outside of that citadel and in front of the citadel the friends of 
slavery had advanced their troops and erected entrenchments 
for the extension of slavery to the free territories. The citadel 
could not be captured until these entrenchments were stormed. 

When Douglas maintained under the specious doctrine of 
state sovereignty that each state and territory had the inherent 
right to determine for itself within its own boundaries whether 
slavery should exist, and thus aligned himself with the slave- 
holders of the South in endeavoring to extend slavery into the 
free territories of the West in defiance of the Missouri compro- 
mise, Lincoln was the first of American statesmen to see that a 
breach could be made in these entrenchments. He challenged 
Douglas to an open debate on the prairies of Illinois on his views 
of State sovereignty and in that debate it is conceded by all his- 
torians that he unhorsed his great opponent. 

When he compelled Douglas to answer his adroit question in 
this memorable debate the answer to which necessarily would and 
did commend him to the Democrats of the North but incensed 
against him the Democrats of the South, he destroyed forever 
Douglas' prospect for the Presidency. When Lincoln's friends 
and adherents advised him against putting the question, pointing 
out that Douglas might and probalily would answer in such a way 
as to strengthen his hold upon the Democrats of Illinois for the 
United States Senate, the answer of Lincoln was, "I am gunning 
for bigger game," and his prediction proved true. Douglas' 
answer to that celebrated question propounded by Lincoln saved 
him in his candidacy for the United States Senate but lost him 
the Presidency of the United States, and eventually made Lincoln 
that President. His conduct in that marvelous joint debate be- 
tween Douglas and Lincoln so enhanced Lincoln's reputation that 
his name was upon the tongues of most of the antislavery people 
of the United States. 

Up to that time Senator Seward of New York and Mr. Chase 
of Ohio were the leaders of antislavery sentiment. Both of them 
were men of superior education, of the highest culture and of the 
most powerful intellect. Both of them for years were in official 
positions, trained in public office, far excelling Lincoln in the 
usual qualities which go to make up the ordinary statesman, and 
yet so powerful was Lincoln's rude but convincing logic in this 
memorable debate that it impelled the rank and file of the Re- 
publican party to choose him as their candidate for the Presi- 
dencv in the convention of 1860. Lincoln had. by his merciless 



800 DUNNE — JUDGE, MAYOR, GOVERNOR 

logic, carried the State sovereignty entrenchments which Douglas 
had so cunningly constructed in front of the citadel of slavery. 

Once installed in these entrenchments by his election to the 
Presidency he proceeded to construct in and upon them a fortress 
from which he could afterwards batter down and storm the citadel 
of slavery. 

In the selection of his Cabinet Lincoln displayed extraor- 
dinary sagacity and acumen. To the position of Secretary of State 
he invited the cultured and seasoned statesman, Senator Seward, 
who was the best known and ablest opponent of slavery outside of 
himself in the United States. That great man, disappointed in 
his ambition for the Presidency, was reluctant to accept, but 
Lincoln appealed to his patriotism and his humanity and Avould 
not take "no" for an answer. When he finally did accept it was 
upon condition that Lincoln must disclose the names of the other 
members of his Cabinet. 

Among these was Senator Chase of Ohio, another ardent 
Free Soil Republican, between whom and Seward there was a 
violent personal antipathy. Seward refused to sit in the Cabinet 
with Chase, and again Lincoln's wonderful sagacity and diplo- 
macy was put to the test. How he accomplished the bringing 
together of these men w^ill never be fully known but they finally 
yielded to Lincoln's firm demands and both were appointed. 

To the great astonishment of the country, two Union Demo- 
crats were appointed, presumably for the purpose of assuring the 
South that it was not his design to commit an injustice or take 
from them their property without due process of law and just 
compensation. From thence on Lincoln's career in the White House 
was a marvel of ingenuity and statesmanship. Confronted with 
rebellion on the part of the southern States and with constant fric- 
tion in his cabinet ; with threats of resignation constantly renewed 
on the part of Chase; with insubordination and brutal opposition 
on the part of Stanton ; with contempt and insolence on the part of 
Seward ; assailed by an unfair and vituperative press ; afflicted with 
incompetence among his generals in the field, he nevertheless piloted 
the ship of State through the most perilous period in American 
history when the very life of the Nation was at stake. 

Men at his elbow in the cabinet intrigued against him, aspired 
to the position he held ; obstructed his orders and nursed their own 
political ambitions and enmities in a way and to a degree that would 
have made the ordinary man lose heart and abandon the contest. 
Yet with a constancy, patriotism and ability but seldom if ever 
equalled in history, the dominant will of Lincoln prevailed. Finally, 
when he found himself strong enough and when the situation was 
opportune he prepared and submitted to his cabinet the immortal 



DUNNE — JUDGE, MAYOR, GOVERNOR 801 

Emancipation Proclamation, and despite the opposition of many 
of his most inflnential friends and sagest advisers, he gave the 
Proclamation to the world and fired the final batteries which in 
the end dismantled and destroyed the citadel of slavery. Nor was 
this done without an exhibition of remarkable sagacity and exalted 
statesmanship. It was promulgated to the world as a war measure. 
It announced to the people of the South that those in rebellion 
against the Union must suffer the loss of their human chattels if 
they persisted in their treason, and that that property must be 
utilized against them on the battlefield. He was prudent enough, 
however, not to have the emancipation of the slaves of those in 
rebellion against the Nation to take effect immediately. Pie fixed a 
time in the proclamation in the future when the emancipation would 
go into effect unless those who were in rebellion laid down their 
arms and ceased their war of treason, and it contained the proviso 
that if those in resistance to the Nation would cease their rebellion 
that they would be compensated for their property. 

The time and the circumstances for the abolition of slavery 
had arrived. The hour had struck upon the dial of time. Without 
violating law or the Constitution and in furtherance of the preserva- 
tion of the integrity of the Union he at last succeeded in effacing 
the birthmark of slavery from the fair face of the American Re- 
public. No statesman was ever so tried and so beset under trial or 
so triumphant in a great crisis as was Abraham Lincoln in the 
Presidency of the United States in the greatest crisis of its history. 

And now let us consider the man as the man of sorrow. 

His whole career from cradle to the grave was pathetic with 
its burdens, its humiliations, its privations and its sorrows. His 
Ijirth was sorrowful. His boyhood days were sorrowful. His youth, 
his manhood, his public career and private career all through his 
life was filled with the strain of unending sorrow. 

His infancy was barefooted and ragged. He was forced to 
work at the coarsest manual labor from the time he was six years 
of age. When a mere lad he led the horses while his brother held 
the plow. 

His father was a shiftless, unskilled carpenter, incapable of 
saving, or acquiring property. As soon as he was able to earn a 
wage Lincoln was hired out by his father to neighboring farmers 
and woodsmen for the most exacting physical labor, doing chores, 
chopping wood, splitting rails, acting as a flatboat man on the 
rivers, as general choreman around country stores. A more cheer- 
less boyhood is not disclosed in history. 

In his young manhood Lincoln appears as an awkward, angu- 
lar, gawkisli youth, ugly in face and ungainly in carriage, unlettered 
and untaught. He went to school but one year in all his life and 
the marvel is that he acquired a vocabulary and a diction such as is 

—26 



802 DUNNE — JUDGE, MAYOR, GOVERNOR 

disclosed in some of his speeches and State papers. His love affairs 
were unfortunate. Spurned by most young girls of his age, he had 
the misfortune to lose by death his first sweetheart, which affected 
him so keenly that his friends despaired of his reason. After her 
death his despondency was so acute and pathetic as to develop 
eccentricity, from which he slowly recovered. 

His married life was unhappy almost from its inception. So 
doubtful was he of the prospect of married felicity that h§ failed 
and refused to be present on the appointed day for the marriage. 
Later on his courtship of his future wife was renewed and he 
finally consummated the marriage, only to have his most gloomy 
fears verified by many years of acute and constant married infelic- 
ity. So unhappy was his married life that his most reliable biog- 
raphers state that while on the circuit when other lawyers went 
home of a Saturday to spend their time with their wives and 
children that he (Lincoln) remained in some obscure hotel rather 
than return to his own fireside. . 

The most pathetic picture drawn of Lincoln's unhappinessis 
that given by his law partner who states that during the lunch 
hour, in Springfield, Lincoln, instead of walking four or five blocks 
to his home for the midday meal, would go down to the grocery 
store underneath his law office and buy a few cents worth of cheese 
and crackers and munch them in his oifice to satisfy his hunger. 
Nor was his domestic infelicity alone filled with sorrow. His finan- 
cial affairs were never prosperous. Scrupulously honest and desir- 
ous of paying his debts he was for years at a time constantly in 
debt and in order to pay these debts he was depriving himself of 
the necessities of life. It is said that when he was elected to the 
Legislature he had to borrow money to go to Vandalia, and when 
elected to the Presidency he was so short of ready cash, although 
he owned his home in Springfield and a small farm, that he was 
compelled again to borrow money to pay the expenses of the trip 
to Washington. 

His public life, while glorious in its results, was everywhere 
bestrewn with vexations and annoyances. A considerable portion 
of the press was vituperative and abusive towards him. Members 
of his Cabinet were obstinate and irascible and, at times, insult- 
ing; all these things leading up to the final tragedy when he fell 
a victim to the bullet of an assassin. Such was the life of Lincoln, 
the man of sorrows. 

His whole life and his death was a martyrdom. 

If the spirits of the dead can, as we believe, look down and 
become conscious of the affairs of this world, what a glorious con- 
solation must the spirit of Abraham Lincoln now be receiving 
beyond the grave. The burdens and sorrows of his life have been 



DUNNE — JUDGE, MAYOR, GOVERNOR 803 

glorified to him, to his children and to his country by the incompar- 
able, magnificent name and fame that he has left in history. 

No agonies that a human being could endure in this world 
could or would be shrunk from by any man who values fame if they 
could acquire such a fame and such a name as has been left by 
this incomparable American, the greatest humanitarian of his age 
and country. 

I know of no man in profane history who has so endeared 
himself to men of all races, nationalities, religions or color as has 
the great American statesman and beloved son of Illinois, Abraham 
Lincoln. 



804 DUNNE — JUDGE, MAYOR, GOVERNOR 



PREPAREDNESS. 

Address before National Security League, Chicago, February 

22, 1916. 

Mr. Chairman and Gentlemen: 

For over a century the Republic in wliich we live has been 
singularly blessed by Providence. For over a century the foot of 
no invader has been planted upon its shores. For over a century 
we have had no wars with other nations that were formidable 
in their strength. For over a century we have been engaged 
in no serious conflict with any flrst-class power. 

Vet during all this time the American Republic has remained 
unequipped for aggressive warfare and but poorly equipped for 
defensive warfare with any first-class power, and has thus among 
all the great nations of the earth escaped the burdens of taxation 
entailed by the maintenance of a large standing army and a large 
navy. 

Our good fortune in the past is attributable, first to the fact 
that we have been isolated from the great warlike nations of the 
world by reason of the expanse of water between this country and 
these nations, and secondly, by reason of the fact that this Nation 
has not been lustful of the acquisition of territory beyond the 
temperate zone of the North American continent, and, therefore, 
has not incurred the enmity or ill will of any great warlike nation. 
Because of our isolation during the past century and the peace- 
ful and harmonious relations existing between the United States 
and the great world-powers, we have not maintained a large 
standing army nor created a formidable navy. 

Up to two years ago the sentiment of this country was almost 
unanimous in favor of a small standing army and a moderately 
sized navy, because the people felt safe and secure of the im- 
munity of the country from foreign attack. To have injected 
militarism into the American system with its necessary burdens 
of taxation Avould have ocasioned a revolt among the American 
people. Is this the situation today? Much as I favor peace 
among the nations, much as I favor the arbitrament of all disputes 
between nations, and much as I am opposed to militarism. I, 
with many hundreds of thousands of my fellow citizens, have 
reached the conclusion that the times and situations have changed. 



DUNNE — JUDGE, MAYOR, GOVERNOR 805 

and that this country is not now safe in assuming that it is 
immune or invulnerable from attack from abroad. 

The greatest war in history has been raging for over eighteen 
months, during which the diplomacy of this country has been 
taxed to the limit to avoid being involved therein. A peace- 
loving President and administration have succeeded in keeping us 
out of a war in which all of the great manufacturing and com- 
mercial nations of the earth are now involved. To remain abso- 
lutely and thoroughly neutral without sacrificing the honor of 
the Nation has been the aim of the United States, and that aim, 
up to the present time, has been successfully maintained. But in 
maintaining that neutrality the citizens of this country have not 
been debarred by international law and comity from exercising 
the undoubted rights of neutrals, among which is to furnish con- 
trabands of war manufactured in this country to the belligerents 
subject to the right of capture and confiscation upon the high 
seas. Many citizens of this country have been profiting by this 
right given to them by international law but, unfortunately, these 
sales have been made not to all belligerents, but to the belliger- 
ents on one side of the great war; this resulting from the fact 
that the allies have control of the seas, which has prevented the 
furnishing of such contraband of war to the German-Austro- 
Hungary powers. 

All of the warring powers have endeavored to secure the 
sympathy and assistance of the American Nation, without avail 
The Nation has remained rigidly neutral and has thus disap- 
pointed all of the powers engaged in this frightful warfare. We 
are the oidy great commercial and manufacturing country in the 
world not involved and because of that fact our citizens have been 
coining money out of the woes and misfortunes of these belliger- 
ents. This frightful war has enriched the manufacturers of this 
country enormously and the cessation of the industries in Europe 
has feverishly developed all of our manufacturing interests to 
our great monetary gain. 

By force of circumstances this country is being enormously 
enriched at the expense of all the warring powers. Because of 
this fact, a feeling of jealousy and dislike toward this country has 
developed in all the nations at war. Read the magazines and 
speak with those who have been in Europe and you will be con- 
vinced that the kindly and friendly feeling for America which 
existed among the nations of Europe up to the outbreak of the 
present war has changed. T believe today from what I have read 
and heard that the United States has not a friend in Europe. 

The British empire believes we should sympathize and as- 
sist it because of the fact that we speak their language and have 



806 DUNNE JUDGE, MAYOR, GOVERNOR 

adopted most of their civil institutions. The French republic 
believes Ave should have sympathized with it, remembering the 
fact that it was with the assistance of France that the independ- 
ence of this country was secured. The German-Austro-Hungary 
powers believe we should sympathize with them because of the 
uninterrupted friendship that has existed between this country 
and those great nations during all of our past history, and be- 
cause so many of their flesh and blood have contributed to the 
building up of this Republic and have become citizens thereof. 
We have disappointed all of them in taking no stand other than a 
neutral one during the present war, and all of them recognize 
that Ave are growing rich out of their misfortunes. 

The situation then today is different than it was during the 
last century. First, we are not isolated as in the past because of 
the tremendous improvements made in modern warfare. Steam, 
electricity and the development of modern naval architecture have 
made it possible for any warlike country of Europe with a large 
army at its disposal to land that army upon our shores, if un- 
opposed, within thirty days after a declaration of war. 

XcAv York and Philadelphia are nearer to London and Paris 
than are the Dardanelles, and yet, within the last few months, 
hundreds of thousands of troops ha^-e been landed from London 
and Paris upon the Dardanelles by naval transports within a 
very brief time. We are faced then with this situation today, differ- 
ing with the situation that existed for a century. Instead of 
friendship with the great European powers we have jealousy and 
ill-feeling among all of them towards us, and secondly, under 
the present condition of modern warfare we are not isolated by 
the Atlantic Ocean. Can we then safely pursue the policy of 
the past century and remain an unarmed nation, unprepared for 
attack from abroad? I believe and it is my judgment that the 
overwhelming sentiment of America is that we cannot pursue our 
policy of unpreparedness that has prevailed in the past. 

Today aac have onh^ about one hundred and tAventy thousand 
troops in the Federal Standing Army, only about thirty thousand 
of Avhich can be mobilized in ease of Avar. The militia of all of 
our states aggregates about the same number of men. Our Navy, 
while efficient in its Avay, ranks only fourth in strength among 
the powers of the Avorld. After this aAA'ful Avar is over, AA^hich CA^er 
side is victorious and AvhateA-er the result, Ave Avill be faced Avith 
the facts, first, that all of these powers are unfriendly, secondly, 
that they Avill have formidable armies of veteran troops, and 
thirdly, that we are enormously wealthy and that, therefore, the 
temptation to attack us will be great. 



DUNNE — JUDGE, MAYOR, GOVERNOR 807 

At the opening of hostilities the total national indebtedness 
of the European nations and their colonies did not exceed thirty 
billion dollars. During this awful war they have already in- 
creased that indebtedness to the extent of forty billions more. 
The total indebtedness of the United States does not exceed much 
more than one billion dollars, while the wealth of the United 
States will probably be equal to the total wealth of any two of 
these great powers. What a temptation to provoke a controversy. 

China is a peace-loving nation, having over four hundred 
millions of population, and yet this peaceful nation with its 
enormous population and great wealth, is being overawed and 
intimidated by its warlike neighbor, Japan, which has a popula- 
tion of only seventy-five millions. The British empire, including 
its colonies, has over four hundred million subjects. Russia has 
one hundred and sixty-four million, Germany and Austro-Hun- 
gary one hundred and fifteen millions, France and its colonies 
sixty-four millions, Italy thirty-five millions, and Japan seventy- 
five millions. All of them will be, after this war, in possession of 
a trained, seasoned, soldiery, but hopelessly in debt. In view of 
this situation it vrill not do for us to cry peace, peace, and remain 
unprepared to resist aggression. No American wants an offensive 
war. Every American believes in defending his country against 
foreign aggression. The possibilities are so fearful to contemplate 
that we must change our policy so as to prepare a reasonable 
defense against foreign aggression. 

Our National Army should be increased by an addition of at 
least fifty thousand more regulars. Our citizen-soldiery must be 
further cultivated and developed. We should have at least a 
half-million men in our citizen-soldiery drilled and prepared for 
war. Our Navy must be materially increased by the addition of 
men-of-war containing the most powerful modern guns and the 
Nation itself should undertake the establishment of a factory for 
the manufacture of the most modem instruments of warfare. 

The young men of the country who join our National Guards 
should be compensated for the time they spend in becoming 
trained soldiers fit for the defense of the Nation. Today they 
practically receive no compensation. I believe every National 
Guardsman should be paid one dollar for every day or night that 
he spends in drill, provided he spends at least forty of these days 
or nights each year in actual attendance at drill. The students in 
the different colleges of the country receiving maintenance from 
the Federal Government should also be required to take a military 
course as part of the curriculum. There are over fifty of such 
colleges and today the State of Illinois has at its university at 
Urbana two thousand young men receiving military drill. 



808 DUNNE JUDGE, MAYOR, GOVERNOR 

The Federal Government should be more liberal, both in its 
appropriations for the maintenance of the National Guards of the 
ditferent states, and in furnishing trained soldiers to educate 
these young men in the methods of modern warfare. I hope the 
time may come in the history of the world as the result of the 
awful consequences of the present war that the nations of the 
world will enter into compacts to settle all disputes by arbi- 
tration and provide means for enforcing and keeping these agree- 
ments, but until that time comes the American Republic should 
put itself on guard against invasion from abroad and provide to a 
reasonable degree for the creation of a military force, both on 
land and at sea that can protect this country against the machina- 
tions and aggression of any nation or nations upon the earth. 



DUNNE — JUDGE, MAYOR, GOVERNOR 809 



ILLINOIS' NEEDS FOR GOOD ROADS. 

Address Delivered at Jacksonville, Illinois, March 7, 1916. 

Mr. Chairman and Gentlemen : 

For the greater part of my life a resident of our metropolis, 
and during many years more or less a part of its public service, 
1 Avas no)ie the less uninformed as to rural highway conditions 
in our Scale of Illinois. 

I knew from my early years what the roads of Illinois were. 
My travels, my reading and my contact with men from the 
counties outside of Cook, kept me well informed, especially as I 
had always been intensely interested in the problem of highways 
and had made it a point to keep posted. As mayor of Chicago 
and as judge of the courts of Cook County, 1 gained practical 
knowledge of the progress of street building, and after all, the 
problem in the city or country presents many similar phases. 

I could well remember the remonstrances that accompanied 
the agitation for improved streets in our cities. We were told by 
honest, sincere people, that our streets could not be paved: that 
paving meant personal and corporate bankruptcy ; that the bene- 
fits pictured l»y good street advocates were irridescent dreams. 
We can all recall those things, for we have only started to pull 
our cities out of the mud during the last twenty years. 

We all know what has happened. Opposition to good streets 
has passed. It has been transformed into demand for the best 
streets. We know how the cost of such improvement has de- 
creased and the quality has risen. There are scores of the villages 
of our State which boast the best pavements, and our larger 
cities are paved to the extent of from 50 to 75 per cent of their 
street mileage. 

I was not surprised when I made my campaign for Governor, 
nearly four years ago, to find our public highways in such a dis- 
reputable condition, little better, in fact, than I had known as 

a boy. 

T realized from a new experience how perfectly humiliating 
was our place as twenty-third among the states in the area of 
permanently improved rural highways. 

Here Avas my State, the State Avhose public interests* T Avas 
anxious to be elected to serve as Governor, the richest in agrieul- 



810 DUNNE — JUDGE, MAYOR, GOVERNOR 

tural products and land values, its soil on the average three times 
as valuable as the soil of the United States in general, yet its rural 
life embargoed and isolated by the most primitive means of com- 
munication, its markets, its centers of business and its gathering 
places of men and women separated from community life by im- 
passable barriers. 

The Federal reports told me that only ten per cent of the 
95,000 miles of road in Illinois were improved in a permanent 
manner, against thirty-eight per cent in Indiana, twenty per cent 
in Wisconsin and Kentucky, twenty-eight per cent in Ohio and 
fifty per cent in Massachusetts, 

On every hand I thought I saw the time was ripe for a great 
forward movement in this matter. The agitation for better roads 
which had been more or less active for a number of years had 
begun to assume a determination to do something concrete. 
Property owners, land owners, city and country people alike were 
coming to see and to understand what a tremendous, economic 
and social loss was entailed by our poor roads. 

In my inaugural message in January, 1913, I devoted space 
to as strong a presentation of this subject as was within my 
power. This message contained the following passage: "The 
loss to farmers because of inaccessible primary markets, and the 
abnormal expense of transportation due to bad roads, must be 
considered as a contributing cause of the high cost of living, 
* * * Bad roads not only hinder crop production and market- 
ing, but they keep the rural consumer away from the store of the 
merchant for weeks at a time. They keep the pupils from the 
schools and voters from political gatherings and from participat- 
ing in elections. They impair the efficiency of churches, and 
social, fraternal and other organizations. Bad roads contribute 
to the unattractiveness, the isolation and the monotony of country 
life that are responsible for the desertion of rural precincts, es- 
pecially by the young. Experts in mental ailments agree that 
women in remote sections are the chief sufferers from the re- 
strictions of communication and social intercourse which bad 
roads impose." 

THE TICE ROAD LAW. 

The recommendation of the message touched the legislative 
heart and the Tice good roads law was the result. You are all 
familiar with its salient features. No subject has been so much 
discussed or is better understood. The last General Assembly 
remedied defects which a little experience had uncovered in the 
original, and amplified its terms to make it more elastic to meet 



DUNNE — JUDGE, MAYOR, GOVERNOR 81l' 

the varying conditions and ideas prevailing in different sections 
of our State. 

We are now at work under this law. The courts have passed 
upon its validity. Organization, State, county and township, has 
been perfected and excellent progress has been made and the 
future is very bright. 

The most important new power granted to counties by amend- 
ments to the Tice law is the right to issue bonds for construction 
of State aid roads, these bonds to be redeemed annually from the 
State allotments and the county equivalence. The advantage of 
this act is that the people get the benefit of a system of good 
roads at once, rather than by piecemeal, and the difference in cost 
is the interest on the bonds. 

For instance, this county, let me say, has 100 miles of desig- 
nated State aid road, the total cost of construction of which would 
be one million dollars. 

Your annual allowance from the State distributable fund is, 
we will say, $20,000, to which you add, under the provisions of 
the law, a like amount, giving you $-10,000. At ten thousand dol- 
lars a mile you could therefore build four miles of road in a year, 
or the full one hundred miles in twenty-five years. 

The bond plan permits you, by approval of the people, to 
issue one million dollars of bonds with which to construct the 
100 miles of State aid roads at once. It's all done and finished in 
one job and you will be able to enjoy and get the benefit of the 
whole system. Each year thereafter you will get your share 
of the State funds, or $20,000. You add $20,000 to it and apply 
$40,000 to the debt. In twenty-five years the entire issue will 
have been cancelled. During that time you will have enjoyed and 
profited by the 100 miles of road. 

The difference in cost between the two methods, as I have 
stated, is the interest charge, which will be more than counter- 
balanced by the returns from the investment, such as better prices 
for products and a more satisfactory social, religious and political 
life. 

To find out just what this interest charge will be, suppose 
that a county decides to issue one million dollars in bonds for 
the purpose of improving their designated State aid routes, and 
that they propose to take three years' time to complete the work. 
Let us suppose that the first year they will need $300,000 for the 
work, the second year $350,000 and the third year $350,000. The 
county decides that they must extinguish this debt in 20 years, 
or in other words that the bonds must all be retired 20 years 
from the date of the first issue. Let us say that these bonds, 
which will bear interest at 4 per cent, will bfe issued as follows: 



812 



DUNNE — JUDGE, MAYOR, GOVERNOR 



$300,000— first year ; 
350,000 — second year ; 
350,000— third year ; 
and that $50,000 worth of these shall be retired- each year. 

From the following table you can tell jnst how much money 
will have to be raised each year to take care of the maturing 
bonds and the interest. 





Amount of bonds 


Amount of bonds 


Interest on 


Total 




that will be 


that will 


outstanding 


amt. to 


ear. 


■ outstanding. 


mature. 


bonds at 4 /o. 


be raised. 


1 


$300,000 


$50,000 


$12,000 


§62,000 


2 


600,000 


50,000 


24,000 


74,000 


3 


900,000 


50,000 


36,000 


86.000 


4 


850,000 


50,000 


34,000 


,84,000 


5 


800,000 


50,000 


32,000 


82,000 


6 


750,000 


50,000 


30,000 


80,000 


7 


700,000 


50,000 


28,000 


78,000 


8 


650,000 


50,000 


26,000 


76.000 


9 


600,000 


50,000 


24,000 


74,000 


10 


550,000 


50,000 


22,000 


72,000 


11 


500,000 


50,000 


20,000 


70,000 


12 


450,000 


50,000 


18,000 


68,000 


13 


400,000 


50,000 


16,000 


66,000 


14 


350,000 


50,000 


14,000 


64,000 


15 


300,000 


50,000 


12,000 


62,000 


16 


250,000 


50,000 


10,000 


60,000 


17 


200,000 


50,000 


8,000 


58,000 


18 


150,000 


50,000 


6,000 


56,000 


19 


100,000 


50,000 


4,000 


54,000 


20 


50,000 


50,000 


2,000 


52,000 






$1,000,000 


$378,000 


$1,378,000 



The interest on the million dollar l)ond issue for the period 
of 20 years will be $378,000. 

By issuing the bonds in three years and in amounts just suf- 
ficient for the work, there is secured a saving in interest for the 
first year of 4 per cent of $700,000. or $28,000, and for the second 
year a saving of 4 per cent of $350,000, or $14,000, making a 
total of $42,000 saved in interest if we issue the bonds according 
to the above plan instead of issuing the full amount the first 
year. 

A bond issue, by a provision of the Constitution must not ex- 
ceed 5 per cent of the assessed valuation of the county, so the 
county Avhich we suppose to issue this amount of bonds must 
have an assessed valuation of $20,000,000. 

The average annual interest on our proposed bond issue is 
three hundred and seventy-eight thousand twentieths, or $18,900. 
This means that a county having an assessed valuation of 
$20,000,000 must levy a tax of Qi/o cents on each hundred dollars 
of assessed valuation. The average equalized assessed valuation 



DUNNE — JUDGE, MAYOR, GOVERNOR 813 

of the farm land in Illinois is $20.19 per acre. This means that 
the interest cost will be less than 2 cents per acre per year. 

ADVANTAGES OF BOND ISSUES. 

There are hve good substantial advantages to be gained from 
impi'oving tjie roads with funds realized from bond issues : First, 
the eonnnunity has the use of a considerable mileage of improved 
roads much sooner than they would have under the system of 
building each year only the amount possible with their State aid 
allotment, together with the money put up by the county. 
Secor.d, the cost of construction is lowered considerably, as a large 
mileage can be constructed all at once much more economically 
and efficiently than by building short stretches each year. Third, 
the maintenance charge is taken off the county and paid by the 
State on State aid roads if brick or concrete, and the maintenance 
of gravel and macadam State aid roads is divided equally between 
State and county. Furthermore, the maintenance charge per mile 
on a connected system of improved roads will be much less than 
if there are several isolated sections to be kept up ; and on gravel 
and macadam roads, one-half the maintenance of which is paid 
by the county, such maintenance charge, if these roads are a part 
of a system, will be much less than if such sections are separated 
from each other by stretches of unimproved roads, which means 
that the county which builds the roads all at one time will have 
the maintenance charge lessened considerably on those roads 
which must be kept up by the State and county together. Fourth, 
financing road improvement by bond issues places the cost of the 
improvement on those who share the lienefits. Fifth, a system 
of good roads will increase materially and substantially the value 
of surrounding property much quicker than their value can be 
increased by spref^ding out the road improvement over a period 
of 20 years. It seems that the advantages gained from such a 
method are worth immeasurably more than the interest charge of 
9i/i cents on the hundred dollars assessed valuation. 

Vermilion County has voted $1,500,000 for 175 miles of road. 
Cook County has voted two million. Thirty counties are either 
ready to vote upon bond issues or are seriously agitating it, the 
proposed aggregate being twenty million dollars. 

Since the Tice law became effective on July 1, 1913, the General 
Assembly has appropriated a total of $3,100,000. The counties will 
have matched this amount, making a total of $6,200,000 available 
for State aid roads up to June 20, 1917. 

Happily, the fear that hard roads are going to bankrupt us is 
fast disappearing, because we have been able to demonstrate by 



814 DUNNE — JUDGE, MAYOR, GOVERNOR 

practical experience and by undeniable statistics that such a dis- 
aster is impossible. 

The Illinois system of State aid roads comprises 16,000 miles 
or about seventeen per cent of the total 94,000 miles of highway. 
Of these 94,000, about 9,000 miles are improved. If we assume that 
3,000 of these 9,000 miles of improved roads are included in the 
16,000 miles of State aid system, we have left 13,000 of the system 
yet to be constructed. 

COST OF STATE AID SYSTEM. 

The State Highway Commission estimates the cost of this con- 
struction to be $129,000,000. Spread over twenty years, this sum 
will require $6,450,000 annually. Estimating the assessed value of 
the State for the next twenty years at an average of three billion 
dollars per year, the $6,450,000 annual requirement for State aid 
roads will cost the taxpayer $0,215 per $100 of assessed valuation. 
A man owning a $1,500 piece of property, assessed at a third or 
$500, would pay $1.07 per year. 

Under the State aid system, it is estimated that the farms will 
pay forty per cent of road improvement, the other sixty per cent 
coming from personal property, cities, villages and corporations. 
The farm's proportion of the $6,450,000 annual expenditure on 
State aid roads would be $2,580,000. Divide this by the acres in 
the- State and we have a tax of .07 per acre per year for twenty 
years to improve these 13,000 miles of State aid road. 

Our system provides for improving only twenty per cent of 
the total road mileage, but this twenty per cent carries eighty 
per cent of the traffic. But our townships are now levying $7,000,- 
000 annually for roads and bridges and this sum will be expended 
upon the eighty per cent of mileage outside the State aid system. 

The system of State aid roads, as laid out by the counties and 
finally approved by the State, will connect the cities and villages of 
each county and the cities and villages of all other counties. Study 
has shown us that from sixty-five to seventy-five per cent of all 
farms within a county will either front directly on a State aid road 
or on a road only one mile distant and that very few, if any, of 
the remaining farms will be more than three miles distant. 

In the three years of operation under the Tice law, a splendid 
start has been made. The perfecting of the organization and ma- 
chinery required much time. Few enterprises of such magnitude, 
involving the cooperation and coordination of State, county and 
town organizations, having so much of detail to work out have 
gotten on their feet so quickly as has our State aid system of good 
roads. The greatest achievement has been the preparation of road 
maps by 102 counties and their revision by the State Commission 



DUNNE — JUDGE, MAYOR, GOVERNOR 815 

SO that all State roads unite at the county lines and we have a 
comprehensive, connected, continuous, practical network of 16,000 
miles of public highway, uniting the Wisconsin border with Cairo 
and the Indiana line with the Mississippi. 

PROGRESS MADE IN WORK. 

At the close of the year 1915 there had been completed 90.5 
miles of concrete, 22.4 miles of brick, 1.2 miles of gravel and 1 
mile of macadam road, a total of 115 miles. Eighty-one bridges 
had likewise been built. In addition to these 115 miles, the State 
Highway Commission supervised the construction of eighty-two 
miles of township road in 1915. 

During 1916 we expect that 470 miles of State aid road will be 
built. Many counties are going to try oil. The commission will 
permit the use of State aid funds for oiling under certain restric- 
tions, though it does not recommend this method and many road 
students are skeptical of its economic value. The 470 miles men- 
tioned will be made up of 11 miles of brick, 58 miles of concrete, 
22 miles of gravel, 5 miles of waterbound macadam, 6 miles of 
bituminous macadam, 250 miles of oiled road and 120 miles of plain 
earth. 

Consequently, gentlemen of Jacksonville, I believe that Illinois 
is fairly started upon one of its very greatest and most important 
enterprises, one that will benefit the business and social interests 
of its people far beyond our fondest dreams. 

The pioneering has been done. Opposition based on fear and 
ignorance has given place to satisfaction and interest. We have 
a law that is elastic and comprehensive. Our theory of State aid 
is correct in principle and workable in practice. In ten years our 
position in the matter of public highways will be of fame rather 
than of notoriety. 



816 DUNNE — JUDGE, MAYOR, GOVERNOR 



ILLINOIS' CONTRIBUTION TO PRE- 
PAREDNESS. 

Address, dedicating Second Regiment Armory, April 26, 1916. 

Mr. Chairman, Ladies and Gentlemen: 

The dedication of a regimental arnioiy, erected by our State 
at a cost of half a million dollars of taxes, cannot fail to move our 
people not only by the impressiveness of a duty well performed, 
but also to a concentration of our thoughts again upon the great 
topic of national discussion — military preparedness. 

From the records of the Adjutant General's ofhce we find 
that this magnificent structure which we dedicate today, was 
begun in 1911, when the Forty-seventh General Assembly made 
the initial appropriation of $200,000. 

The next General. Assembly furnished $100,000 plus the pro- 
ceeds of the sale of the old armory, $45,825, and the last Legis- 
lature provided $125,000. making a total of $470,825. 

During the last three years Illinois has made more ample pro- 
vision for the upbuilding of its citizen soldiery than in any other 
three years of recent times. 

The last two General Asseml)lies, lioth sitting during my term 
as Governor, made approprations for new armories and military 
buildings amounting to $1,666,281. 

The same two Assemblies appropriated for the ordinary and 
contingent expenses of the National Guard, and Naval Reserve, 
the maintenance of the Adjutant General's office, etc., a total 
of $1,937,915. 

Adding this expenditure to that authorized for new struc- 
tures, we have an aggregate of $3,604,197 provided by the tax- 
payers of our own State as their contribution to the maintenance 
and development of a national defense system. 

The State noAV owns and occupies military buildings worth, 
at conservative estimate, $1,407,846, the oldest of which was 
erected in 1902. And there are in course of erection now mili- 
tary building costing $410,000. It has leases upon fortA^-nine 
buildings used for armory purposes. 

The State, in addition to these buildings, owns and operates 
two rifle ranges worth $220,000, and leases and operates fourteen 
other ranges. 



DUNNE JUDGE, MAYOR, GOVERNOR 817 

Military buildings are now open or in process of construction 
as follows: Chicago, four; Aurora, Galesburg, Ottawa, Kewanee, 
Quiucy, Woodstock, Springfield, Camp Logan, Camp Lincoln, 
Kankakee, Monmouth and Peoria, one each. 

Our military organization consists of the Governor as Com- 
mander in Chief, one administration staff, two brigades of three 
infantry regiments each, and one additional infantry regiment 
attached to each, with fully authorized sanitary attachments ; 
one regiment of cavalry, six batteries of field artillery, two field 
hospital companies, one engineer company, one signal company 
The total land strength organized and equipped for active field 
service approximates 7,000. The Naval Reserves consist of SCO 
men. 

Military men, both those belonging to our guard and those 
detailed by the U. S. Army to stud^^ and train our organization, 
freely tell me that our militia has made splendid progress during 
the last three years. 

In proof of their assertion they point to conditions which 
existed prior to the rehabilitation which is the rtsult of National 
and State cooperation under rceent wholesome laws of Congress 
and of our Legislature. Schools for officers, correspondence 
schools for the enlisted man and the noncommissioned officer, 
continuous and searching inspection, instruction by U. S. Army 
officers and the liberal allowance of money have put a new life 
and spirit into our military system. 

For the last two years in public addresses I have favored the 
idea embodied in what is known as the "pay bill'', which pro- 
vides a fixed sum for each private and officer for each regular 
drill of his organization which he attends, provided such privates 
and officers attend at least forty drills a year. 

In 1913, at the first encampment of the Illinois National 
Guard in my administration, I advocated this plan in my address 
to our troops. I favored it before officers and civilians who 
called at the commander's headquarters during the encampment. 

I believe it is equitable and just. 

Under the new requirements, I am told, that it is necessary 
for officers to spend several evenings a week at headquarters and 
the enlisted man must give up time and priviliges to meet his 
military obligations. In addition to this there are certain cash 
outlays by both officers and men which a great nation should 
be asiiamed to require of those who are to form the nucleus of its 
defense in time of need. 

It has been my pleasure to favor and approve liberal and 
reasonable appropriations for the development of our National 
Guard. 



818 DUNNE — JUDGE, MAYOR, GOVERNOR 

I have insisted upon another thing. I have refused to permit 
politics of any kind to be introduced into our National Guard. 
Its officers have continued to serve vrithout change except as pro- 
motion came their v^^ay through merit or they voluntarily retired. 
I set my hand and heart against political interference with our 
military establishment and am glad to be able to say I have main- 
tained this ideal. The military department of the State must 
be kept free from politics. 



DUNNE — JUDGE, MAYOR, GOVERNOR 819 



IRELAND IN AMERICA. 

Address before the Friendly Sons of St. Patrick, Philadelphlv, 
Pennsylvania, March 17, 1916. 

Mr. Toastmaster and Gentlemen : 

It is with much pleasure that, at your kind invitation, I 
address your influential organization upon the subject, "Ireland 
in America," 

I recognize the fact that this organization is probably the 
oldest of its character in the United States, and that it had the 
distinguished honor of having upon its first roll of membership 
not only many of the men who contributed to the success of the 
American forces in the War of the Revolution, but that the great 
Washington himself accepted honorary membership therein. 
From the time of your organization, in the Revolutionary War, 
I am informed that without a break you have been celebratmg, 
annually, the Irish National Holiday on the 17th of March, and 
I regard it as a distinguished honor to be invited to follow the 
many great men who have addressed your organization upon such 

occasions. . , , ^ • » 

The first commemoration of St. Patrick's Day m America 
was inaugurated by George AVashington at Boston, with a pro- 
cession and celebration that is historic. On March 1/, 177b, 
Washington issued the following order of the day while m camp 
outside of the city of Boston: "Parole, Boston; Countersign, 
St. Partick; Brigadier General of the Day, John Sullivan 
Under the marshalship of the Irish-American, John Sullivan, the 
first St. Patrick's Day procession in America started to the music 
of the "Wearing of the Green," the British troops m front filing 
out of Boston, and the ragged troops of the young Republic be- 
hind them filing into Boston. 

Who can criticise your organization or any other organiza- 
tion for keeping up a celebration so gloriously ^7"5<^"«;f . . , 
Let us not forget that Irish valor, Irish blood and Irish 
brawn had much to do with bringing about the situation which 
culminated in the evacuation of Boston, and the final triumph 
of The American arms. Colonel James Barrett was one of the 
commanding ofBcers at Lexington. The register of the New 
E~Mre regiment that fought at Bunker Hill contained 71 



820 DUNNE^JUDGE, MAYOR, GOVERNOR 

Irish names, and was commanded by an Irish-American, Colonel 
John Stark. Mad Anthony Wayne was of Irish birth or 
parentage. 

Richard iVfontsromery, who yielded np his life in the hour of 
victory before Quebec, was of the same fighting race. The same 
Montgomery of whom Lord North savagely declared: "He was 
brave, he was able, humane and generous, but a rebel. A curse 
upon his virtues! They have undone his country." 

Colonel McClure, who fell at the head of his troops at "Wax- 
haw, was an Irishman. General Stephen Moylan, on Washing- 
ton's staff, was an Irishman. Both the Sullivans, James and John, 
were the sons of Irish fathers. 

The Irish John Glenn presided at the meeting of the Sons 
of Liberty in Savannah on July 14, 1774, and at the same meeting 
were the Iri.sh Farley, Bryan, Gibbons and Butler. 

From the Irish-founded city of Belfa^st, Maine, to Savannah, 
Georgia, where the Irish Sergeant Jasper gave up his life in the 
cause of American liberty, every colony gave its quota of Irish- 
men to fill the rank of the American Revolutionary Army. 

The records of the War of the Revolution show that four 
Irish-American Major-Geuerals served in that war. The.y are as 
follows: Richard Montgomery, Thomas Conway, John Sullivan 
and Henry Knox. The same roster shows that twelve Brigadier- 
Generals were Irish-Americans, and they are as follows: John 
Armstrong, William Thompson, Andrew Lewis, Wm. Maxwell, 
Anthony Wayne, James Clinton, James Moore, Joseph Reed, John 
Nixon, AVilliam Irvine, Edward Hand and Richard Butler. 

]\[ost of these men were actually born in Ireland or were the 
sons of men born in Ireland. 

Among the men who served in the French army which was 
cooperating with the American Army, were Captain Jacques 
Philippe D'Arcy, who died at Savannah, Captain Commandant 
O'Neill, who was* wounded at Savannah, Arthur Dillon (Count 
de Dillon), Lieutenant Colonel Barthelemy Dillon, Captain Denis 
d'Hubart du Barry, Count de Dune (name also given as O'Dunn), 
Captain Mullens, Captain Isidore Lynch, Captain MacDonnal, 
Lieutenant de la Roche Negley, Lieutenant O'Farrell, Major 
Jacques O'Moran, Captain Jacques Shee, Lieutenant George 
Taafe and Captain Ferdinand O'Neill. 

The Irish brigade in the French army under command of 
Count Dillon numbered twenty-three hundred men. Parke Cus- 
tis, Washington's adopted son, wrote: "Inscribe upon the tablets 
of American remembrance eternal gratitude to Irishmen." 

In the Pennsylvania regiments were hundreds of Irishmen, 
many of Avhom came from the Irish townships of Tyrone, Raphoe, 



DUNNE— JUDGE, MAYOR, GOVERNOR 821 

Derry, Coleraine and Mount joy. Not only were the French and 
American armies tilled with men of Irish blood and lineage, but 
the Irishmen wearing red coats in the English army were so 
strongly in sympathy with the American cause that they retused 
to fight the American troops. Lord Howe wrote to tlie English 
War Department: "Send me troops from England. In a war 
against America I cannot depend upon the Irish. They have 
too much sj^mpathy for the American people." 

The Irish-American won his right to claim American citizen- 
ship in every battle fought in the American Revolution from the 
initial fight at Lexington to the final surrender of the British 
troops at Yorktown. And the right he earned in the War of the 
Revolution, he gloriously maintained in every war that followed 
in American history. Andrew Jackson, afterwards President of 
the LTnitcd States, commanded at New Orlean>5 and drove the 
last of the red coats forever from American soil. And Andrew 
Jackson boasted that he was born "somewhere between Carrig- 
fergus and the LTnited States." 

Jack Barry, the father of the American Navy, had good warm 
Irish blood coursing through his veins. 

In the Mexican War, General Shields and thousands of other 
Irishmen spilled their blood upon Mexican battlefields in the fur- 
therance of the American cause. 

In the War of the Rebellion, upon the roll of honor, will be 
found the names of Mulligan, Corcoran, Meagher, Smith, Kearney, 
Sweeney and Sheridan. 

No finer tribute to the valor of the Irish race in defense of the 
integrity of the American Nation can be found than that of the 
English correspondent of the London Times, who, in describing 
the conduct of the Irish Brigade at Fredericksburg, under General 
Meagher, wrote : "They best bespoke the valor of a race which has 
found glory upon a thousand battlefields and disgrace upon none ; 
for never at Fontenoy, Albuera or Waterloo was more heroic cour- 
age displayed than by the Sons of Erin at the foot of bloody Mary's 
Heights." 

And no man throughout that great death struggle for the 
maintenance of American autonomy, excepting Grant and Sher- 
man, contributed more to final success of the Union Armies than 
did the thunderbolt of the Shenandoah Valley and the hero of 
Winchester, Philip Sheridan. 

But why prolong the story of Irish-American courage and devo- 
tion? The first and among the last of American Presidents, and 
these ; two of the five American Presidents who have become titanic 
in American history, have publicly attested their appreciation of 



822 DUNNE JUDGE, MAYOR, GOVERNOR 

the noble part that Irish-Americans have played in the history of 
this great Republic. 

Washington, in his day, declared: "I hope to see America 
ranked among the foremost nations of the world, and I presume the 
Irish will not forget the patriotic part which they took in the 
accomplishment of our rebellion and the establishment of our gov- 
ernment. ' ' 

And Roosevelt, in this day, has written: "The Irish in the 
West were almost what the Puritans were in the North and more 
than the Cavaliers were in the South. The West was won by these 
same men who he fore any others declared for American Independ- 
ence. That these Irish were a bold and hardy race is proved by 
their at once pushing past the settled regions and plunging into the 
wilderness. ' ' 

The Irish- American citizen has distinguished himself in peace 
as well as in war ; in the council chamber as well as upon the battle- 
field ; in the Presidency, in the Senate chamber, in the lower House 
in our Legislature and in our courts, on the bench, at the bar and 
in all the professional and mercantile pursuits. 

Presidents Jackson, Buchanan and Arthur were all of Irish 
blood. Calhoun, Butler, Shields, Fitzpatrick, Jones, James G. 
Fair, James Phelan, Thomas J. Walsh, William Joyce Sewell, 
'Gorman, Shields of Illinois, Missouri and Minnesota, and Shields 
of Tennessee, have given luster to the Irish name in the American 
Senate. McAdoo and Hynes, Foran and Finnerty, McCann and 
Cochrane, with hdsts of others, have left their impress upon Ameri- 
can history as members of the lower House. Among the governors 
of our States we have had a Bryan in Pennsylvania, a Burke in 
North Carolina, a McGill in Minnesota, a Patterson in New Jersey, 
a Sullivan, Talbott and Walsh in Massachusetts, a Fitzpatrick, a 
Moore and a Murphy in Alabama, a Burke in North Dakota, a 
McKinley in Delaware, a Young in Ohio, a Byrne in South Dakota, 
a Glynn in New York, an O'Neal in Alabama and a Boyle in 
Nevada. 

Gaynor, Moran, Ryan, McKenna and a host of other great 
Irish- American judges have left imperishable names as jurists upon 
the records of our courts. Among our prominent mayors of great 
cities we have had Duane, Brady, Grace and Gaynor in New York, 
O'Brien, Collins and Fitzgerald in Boston, Doyle and McGinniss 
in Providence, Dempsey in Cincinnati, O'Neill in Milwaukee, Fitz- 
patrick in New Orleans and Phelan in San Francisco. 

Charles O'Connor was for years the leader of the American 
bar, and Dr. Agnew, ttie leader of the medical profession, and today. 
Dr. John B. Murphy is the leader in American surgery. A Ryan 
is among the leaders of American finance. John C. Calhoun, the 



DUNNE — JUDGE, MAYOR, GOVERNOR 823 

oratorical rival of Daniel Webster, was of Celtic blood and Daniel 
Dougherty, Burke Cochrane and William J. Bryan, whose father 
proudly owned he was of Irish origin, can well be ranked with 
Webster, Clay and Ingersoll as the leaders of American oratory. 

The Irishman, A. T. Stewart, was in his day the prince of 
American merchants, and, today, the Cudahys are among the great 
packers and provision dealers of the world. A Healy founded the 
greatest emporium for musical instruments in the world. 

Among the most brilliant of American artists were George 
Barrett, George P. A. Healy and Thomas Moran. 

Among American sculptors we find Andrew O'Connor, Mulli- 
gan, John Henry Foley, John Hogan and St. Gaudins. Among its 
actors we find Boucicault, Tyrone Power, John McCullough, John 
Brougham and Sheridan Knowles, and among its poets we find 
Charles G. Halpin, John Boyle O'Reilly, James Jeffrey Roche and 
Mayne Reid. 

The vigor and intellect of the race which gave from its native 
heath to history such men as Swift, Sheridan, Curran, Grattan, 
Burke, Goldsmith, O'Connell, Moore and Wellington, has not been 
impaired by having its sons and their descendants transplanted to 
American soil. 

In this country, as in every other country to which the mem- 
bers of the Irish race have been transplanted, it has retained its 
vigor and virility. 

"Here and hereafter the Celtic race will hold its own!" 

"Oh, the fighting races don't die out, 

If they seldom die in bed, 
For love is first in their hearts, no doubt," 

Said Burke; then Kelly said: 
"When Michael, the Irish Archangel, stands. 

The angel with the sword. 
And the battle-dead from a hundred lands 

Are ranged in one big horde. 
Our line, that for Gabriel's trumpet waits. 

Will stretch three deep that day. 
From Jehoshaphat to the Golden Gates — 
Kelly and Burke and Shea." 
"Well, here's thank God for the race and the sod!" 
Said Kelly and Burke and Shea. 

The Irish-American citizen may well be proud of the part that 
men of his race have played in the history of America. They have 
been loyal to their adopted country in her every hour of trial, and 
in the years to come they will continue to be as loyal and patriotic. 

Whether the attack upon the Republic be from without or 
from within, he will rally to his country's caU, and whenever the 
bugle call of patriotism is heard upon the blast, I predict that the 
Irish- American will cheerfully and promptly respond to that call. 



824 DUNNE— JUDGE, MAYOR, GOVERNOR 

While we love and revere the land of our fathers, our first love 
and loj^alty is due to the land we live in. That land has extended 
to us her open arms and welcoming heart. She has given us a home 
and a country where we can raise our children in the love of God 
and country with liberty secured and justice enforced. We have 
proved our gratitude, patriotism and loyalty in the past, and will 
continue to do so in the future. 

At no time in history ought the naturalized citizen of this 
nation be more careful in placing the interests of this Republic 
above all other interests. In the awful war now prevailing in 
Europe it would be less than human if the naturalized citizens of 
the Republic, no matter from what country they may have come, 
did not, deep down in their hearts sympathize with their kith and 
kill beyond the sea in the struggle now devastating Europe, but, 
as American citizens, it should be their duty, at the present time, 
in view of the many complications arising in the diplomatic rela- 
tions between this Republic and each and all of the warring powers, 
to restrain the expression of these sympathies and keep this country 
free from envolvement in that awful conflict. 

Fortunately, the American Nation has not become involved, 
and it should be the hope and prayer of every American citizen, 
whether native born, or naturalized, that this country shall not 
become involved in that conflict. 

Nothing is more likely to embarrass the Government of this 
country in its efforts to preserve strict neutrality than the doing 
of acts and the expression of sentiments which are unneutral. Na- 
tion after nation, not originally involved in the conflict, have been 
dragged into it against the consent and approval of its citizens.- 
This Nation must not be so involved, and the surest way to keep 
from being so involved is to refrain from doing any act or express- 
ing any sentiment that is unneutral. 

God grant that this war may soon be over without the envolve- 
ment of the American Nation, but until that happy event shall 
come, let us by word and act uphold the policy of the Nation to 
preserve peace with honor. 

In American politics we belong, and I hope will continue to 
belong, to different political parties, but in exercising our fran- 
chises, let us always put patriotism before party, principles before 
men. and man before mammon. Let us so guide our conduct in 
American life as to vote and act for the best interests of our coun- 
try. Place not expediency or personal profit before principle. 

Vote for no party that advocates that which you deem detri- 
mental to best interests of the general public. Vote for no man 
whose character is not clean, or whose motives are not pure. 



DUNNE JUDGE, MAYOR, GOVERNOR 825 

111 times of war you need not be admonished as to your duty. 
You have shown it on a hundred battlefields. The splendid heritage 
that has descended to us from our fathers in war and peace we will 
preserve and transmit to your children, to whom we will ever teach 
loyalty to and love for the Constitution and laws of the great 
Republic. 

Let us leave these children a heritage far more valuable than 
power or wealth, the heritage of patriotism and love for the greatest 
and grandest Nation upon the earth, the United States of America. 



826 DUNNE JUDGE, MAYOR, GOVERNOR 



THE FUNCTION OF THE MODERN 
HOSPITAL. 

Address at Pana, Illinois, April 24, 1916. 

Mr. Chairm\an, Ladies and Gentlemen: 

During the past forty years the State has taken an active in- 
terest in two matters which have much to do with the medical pro- 
fession. One of these is the protection of the people from contagious 
and pestilential disease and the other is the protection of the public 
from unqualified or unscrupulous physicians or other practitioners. 

"Within that forty years the attitude of the public mind 
toward subjects of this kind has very materially changed. The 
institution for the insane was formerly an asyhim in which the 
insane person was confined more for the protection of the public 
than for the welfare of the patient himself. In the samo way 
the warfare against contagious disease was looked upon as merely 
a process of isolating the patient for the protection of the public 
rather than that of considering the welfare of the patient and 
preventing his afiiiction. The policy pursued in regulating the 
incompetent practitioner consisted chiefly of restraining the unfit 
practitioner rather than elevating the educational standards of 
all practitioners. 

Within recent years the State has assumed a very different 
policy in securing its ends. While the isolation of the sufferer 
from contagious disease is not ignored, the prevention of con- 
tagious disease has become an infinitely more important matter, 
and the State at the present time, operating through the State 
Board of Health, is much more constantly engaged in educating 
the people so that contagious diseases may not occur than in 
dealing with the victim of the disease. 

While the unfit physician is prohibited from practice, much 
more is being accomplished by raising the standards of medical 
education and in training the people to impose their confidence 
only in physicians of proper intellectual, scientific, and moral 
qualifications. 

In the performance of these definite functions by the State 
great assistance is rendered by the modern and well-equipped 
hospitals which are being established in the more progressive com- 
munities. I am advised that the day is soon coming when a com- 
munity will not feel satisfied in merely isolating the sufferers from 



DUNNE JUDGE, MAYOR, GOVERNOR 827 

contagious disease, but when it will be accepted that there should 
be provision in the general hospitals for suitable wards for the 
humane and scientific care and treatment of sufferers from these 
diseases. 

The well-equipped hospital is the center in which the physi- 
cians of a community come together for the interchange of ideas 
and where there is developed a special skill in particular lines of 
work by the individual members of the medical profession, and 
so the community which centers its medical work about a general 
hospital is doing far more to elevate the standards of the medical 
profession than that community in which the iviedical men are 
working separately and alone. 

So it is believed that the establishment of an excellent hos- 
pital, such as the one here in Pana, is of material assistance to the 
State in those functions which it performs in connection with the 
medical profession. 

As I have intimated, the time was when the State of Illinois 
was satisfied in maintaining asylums for the safe housing of the 
insane, the feeble-minded, and the otherwise aifiicted. That day 
is past. Even the term ''asylum" has been dropped by the 
State government and the institutions for the insane and for the 
feeble-minded are now designated as hospitals, and they are 
hospitals in every sense of the word. In these institutions at 
the present time the mental conditions are accurately diagnosed 
by the best means known to science and each patient is given the 
benefit of individual scientific treatment. The State has come to 
know that the employment of the best scientific equipment and the 
employment of the best hospital facilities is splendid economy 
in the long run in dealing with its charges, and the people of 
Christian County will find that this hospital with its excellent 
facilities will prove a means of real economy in caring for the 
destitute sick who must be cured of their afflictions or who would 
remain permanent charges upon the public purse. 

The aim of the State hospitals is to cure or care for those who 
have become permanently disabled or are threatened with per- 
manent disability. The aim of the local hospitals should be 
to cure and care for those who are temporarily disabled. The 
State acts gratuitously in caring for the former class and the local 
institutions should extend its benevolent objects gratuitously 
for those who are, unfortunately, unable to pay for the same. 
Those who can pay should pay but there is, unfortunately, a class 
in all communities who are unable so to do, and local communi- 
ties should endeavor to care for the wants of such destitute sick 
as are not able to care for themselves. 

I congratulate the citizens of Pana upon the splendid work 
they are doing in organizing and sustaining their present hospital. 



828 DUNNE — JUDGE, MAYOR, GOVERNOR 



THE FUNCTION AND WORK OF PUBLIC 
UTILITIES COMMISSION. 

Address to Employes of Central Union Telephone Company, 
Springfield, III., April 13, 1916. 

Mr. Chairman, Ladies and Gentlemen: 

I have accepted, with much pleasure, the invitation to be pres- 
ent at this meeting, especially because of the fact that I have always 
been deeply interested in the instrumentalities through which public 
service is given the people. I am particularly pleased to be 
amongst the men here present, as I am thereby assured of a special 
interest in the subject of public utilities. 

At the time the people of the State honored me by my selec- 
tion as State Executive, and for some years prior thereto, public 
service in the State was in a very unsatisfactory condition, due 
largely to a lack of system or of coordination and effective reg- 
ulation, and so deeply impressed was I with those facts that I 
sought to impress the necessity of improvement in the public 
service upon the very first session of the Legislature to convene 
after my election. 

In my first message to the General Assembly I recommended 
the creation of a Public Utilities Commission and gave the fol- 
lowing reasons for such recommendation : 

The day of competition in the supply of gas, electric light 
and power, street railways, and some other public utilities has 
passed. Monopoly in these matters has come to stay. 

In these modern days no municipality can tolerate the tear- 
ing up of its streets,. every few months or years, by rival water, 
gas, electric light, heating, or telephone companies in the laying 
of pipes, wires, and conduits. 

Only one utilit}^ producing concern should be allowed that 
piivilege for each utility in each city. 

That concern must be either the municipal corporation itself 
or a private corporation. 

The sole aim of a public corporation is to operate to the 
satisfaction of the community, which is always assured by giving 
the best service at the lowest rate. 



DUNNE JUDGE, MAYOR, GOVERNOR 829 

The sole aim of all private corporations, unregulated hy law, 
is to make mouej^ for their stockholders, and the most money can 
be made by poor service at a high rate to the consumer. 

The only question, then, is whether the public shall own and 
operate thru State or local agencies, or whether it shall allow 
these utilities to remain in the ownership and control of private 
corporations and regulate them by law. 

Important as it is to give cities the right to manage their own 
public utilities, it is also important to give to State and local 
bodies large powers of regulation of the public utilities that re- 
main in private hands. 

These utilities may be broadly classed as "intraurban" and 
"interurban". In other words, they are either local in char- 
acter, confined to a city and its suburbs, or they run thru country 
districts and connect one place with another. 

In the latter class are included interurl)an electric railways, 
natural gas mains, electric transmission lines, and a considerable 
portion of the telephone systems of the State. 

In the other class are included city gas, electric light and 
power, heating, and street railway companies, and such parts 
of the telephone system as are operated within cities by virtue 
of franchises granted by such cities. Waterworks in private 
hands, and, doubtless, some other public utilities could be included 
in this class. 

The interurban utilities can only be regulated by the State. 
For that purpose a well equipped public utilities commission 
should lie created with large powers. It should control the issue 
of securities, the character of service, the rate of charge, etc. It 
should be appointed by the Executive with the approval of the 
Senate. 

With respect to intraurban, or strictly city utilities, it might 
be well, at the start, to give to the proposed State commission 
control of the city utilities when requested by any of the several 
cities of the State. The commission, however, should be em- 
powered to secure uniformity of accounting and full publicity 
with respect even to the city utilities and should be prepared to 
furnish this information in tabulated form in its annual reports, 
and in further detail to public oificials. 

The commission should also be equipped with funds and 
authority so that it can employ and furnish competent expert 
help to cities seeking advice and assistance from this State com- 
mission. 

When requested to do so by any municipality the commission 
should also supervise the service of these city utilities. 



830 DUNNE JUDGE, MAYOR, GOVERNOR 

It would also be well to give the State commission full con- 
trol of all new issues of stocks, bonds and notes, and other evi- 
dences of indebtedness of all the public utilities of the State, 
including those within the cities. If this were done, the com- 
mission should be equipped with resources and power to make a 
physical valuation of such properties. No additional securities 
should be permitted to be issued save for additional physical 
property and legitimate brokerage. It should be distinctly pro- 
vided that future issues of securities, when approved by the com- 
mission, should be clearly separated by serial numbers, or other- 
wise, from existing securities, to the end that purchasers might 
always know whether they were buying new securities, approved 
by the State and issued for an increase of physical investment, 
or, whether they were buying securities issued prior to the enact- 
ment of the law and that had not in any way passed under the 
scrutiny of the State. 

The Forty-eighth General Assembly took a similar view of 
the situation and passed the Public Utilities Act to take effect 
January 1, 1914. 

When the Legislature again convened, in 1915, we had a 
short period of experience with the Public Utilities Commission 
and I was able, in my biennial message, to give the following 
estimate of its work : 

The State Public Utilities Commission closed the first eleven 
months of its administration on November 30, 1914. During that 
time the commission was organized, its work systematized, and 
the administrative, engineering, accounting, rate, and service de- 
partments were built up to such a state of efficiency as the lim- 
ited time and the means at the disposal of the commission would 
allow. The present working force of the commission, attorneys, 
engineers, accountants, statisticians, experts, inspectors, clerks, 
stenographers, etc., numbers seventy-three persons. The Illinois 
Public Utilities Law is probably the most comprehensive measure 
of its kind ever enacted and the duties and powers of the Illinois 
Commission are probably more numerous and greater than those 
of any similar commission. The multiplicity, variety, and im- 
portance of matters coming before it during this period of organi- 
zation have been so great as to tax to the utmost its ability to 
investigate, hear, and dispose of the cases. 

During the eleven months there were filed 1,278 formal com- 
plaints and petitions, all of which call for investigation and public 
hearings and a finding by the commission. In 924 of these cases 
formal orders were entered. There were also brought to the at- 
tention of the commission during this same time about 500 in- 
formal complaints, covering almost every conceivable matter 



DUNNE — JUDGE, MAYOR, GOVERNOR 831 

about which complaint could be made, some 400 of which have 
been investigated and disposed of informally by correspondence 
or conference. In addition to the above, the commission has 
approved 1,160 leases made by utility corporations. Orders were 
issued in sixty-five stock and bond cases, authorizing the issue 
of $176,917,304, par value, of stocks, bonds, and notes. On De- 
cember 1, 1914, there were pending applications for authority 
to issue securities of the par value of $262,485,258. On December 
22 a majority of the pending applications for authority to issue 
securities had been heard. The amount of fees paid into the 
State Treasury for authorities granted up to this time was 
$505,202.78. The total receipts of the commission at this time 
was $510,173.89. The total amount of appropriation expended to 
maintain the commission was $118,548.14. 

The beneficent effects of the operation of the Utilities law 
are already apparent on every hand. 

Discriminations in rates and service have been eliminated and 
it may now be said that strict rate uniformity prevails among all 
the utilities of the State. The question of rates has probably 
been most often brought to the attention of the commission, for 
while rates and service are fundamentally joined in almost every 
case, the majority of complaints coming to the commission thus 
far have found their expression in terms of rates. In a number 
of smaller communities settlements have resulted in substantial 
reductions in rates. In some of the more important cases the de- 
termination of reasonable rates has necessitated the making of 
property valuations, which requires much time and labor. 

Standards of service to govern gas and electric utilities have 
been established by the commission, and service inspectors are 
now at work inspecting the quality of service furnished by the 
various utilities of the State. 

One of the main objects sought by the Legislature in the 
establishment of the Utilities Commission was to secure to the 
people of the State adequate service at reasonable rates, and the 
commission in all its acts has ever kept before it this condition, 
and has sought to accomplish and is accomplishing this great pur- 
pose for which it was created. 

With respect to the telephone situation, as it now exists in 
this State, I am informed by the State Public Utilities Commission 
that there are 796 new telephone companies reporting to the com- 
mission and under its supervision. These companies operate a 
total of 1,306 exchanges. The telephone has become practically 
indispensable to the business and social life of the day. As com- 
pared with the number of telephone companies reporting to the 
commission, there are 174 electric light and power companies 



832 DUNNE — JUDGE, MAYOR, GOVERNOR 

serving a total of 650 cities and villages ; there are 71 gas com- 
panies serving 216 cities and villages, and there are 53 railway 
companies serving 72 localities. 

One of the first acts of the commission after its organization 
was to require all telephone companies, as well as other public 
utilities, to file with the commission complete schedules showing 
the rates and charges of such public utilities. From the sched- 
ules thus filed it appeared that many telephone companies, as 
well as other utilities, were furnishing free or at reduced rates, 
service not only to municipalities, counties, and other political 
units, but also to railroads, express, and telegraph companies, 
public halls, lodge rooms, and in many instances to individuals. 
It also appeared that many telephone companies made it a prac- 
tice to furnish telephone service free or at reduced rates to their 
stockholders and directors. This practice was carried on to such 
extent in some cases that only a comparatively few subscribers 
were paying the regular scheduled rate. The commission at 
once set about taking the necessary steps to eliminate all discrim- 
ination in the rates, charges, and practices of such companies, and 
thru a series of conference rulings, with which I presume most 
of you are familiar, it directed that all service at free or reduced 
rates should cease, except that where by the terms of a fran- 
chise ordinance granted by a municipality a public utility had 
agreed to furnish service to such municipality at free or reduced 
rates, the terms of such franchise should be observed until other- 
wise ordered by the commission. The result has been not only 
to simplify the rate schedules of the telephone companies, but 
also to equalize the burdens among the various subscribers and 
place all users of the same class of service on an equal basis. It 
has also resulted in assuring to the telephone companies com- 
pensation for all services performed bj^ them to which they are 
entitled. 

The commission also was called upon shortly after its crea- 
tion to construe Section 55 of the Commission Act and to outline 
its policy with respect thereto. This section avithorizes the com- 
mission, under certain conditions, to issue a Certificate of Con- 
venience and Necessity to a public utility that may apply there- 
for, and prevents public utilities from erecting any new plant or 
system without such a certificate. After mature deliberation, 
the commission adopted a general rule with respect to telephone 
companies making application under this section, which reads as 
follows : 

"This commission holds that applications for Certificates of 
Convenience and Necessity will be denied all telephone companies 
wdiere the application is for the establishing of an additional tele- 



DUNNE — JUDGE, MAYOR, GOVERNOR 



833 



phone system in a city or village where a telephone system is 
already in operation and is furnishing adequate service at reason- 
able rates." 

This ruling has been generally adhered to by the commission, 
and the result has been to relieve many communities of a dupli- 
cation of telephone systems in their midst, together with th'^ bur- 
dens incident to the support of such duplicate plants, as well as 
relief from the inconvenience and annoyance of a divided tele- 
phone service. 

One of the most perplexing problems with which the com- 
mission has had to deal is that of determining whether telephone 
companies operating upon the so-called mutual plan are public 
utilities within the definition set forth in the Commission Act. 
One of the first cases to come before the commission involving 
this question, and one that fairly illustrates the principles in- 
volved, was that of the Noble Telephone Company vs. the Noble 
Mutual Telephone Company. In this case an attempt was made 
by the Mutual Company, without applying to the commission for 
a Certificate of Convenience and Necessity, to install and operate 
a telephone system in a village that was already being adequately 
served by another telephone company. It appeared that the 
Mutual Company, which claimed exemption from the jurisdiction 
of this commission, had accepted a franchise ordinance from the 
village, which provided in substance that no person, firm, or cor- 
poration who should desire to become a member of said mutual 
company, should be barred from the service of the company. Ihe 
commission, after hearing the evidence and considenng all ot the 
facts, decided that this mutual company was holding itseit out 
to serve the public, and therefore was a public utility and within 
the jurisdiction of the commission; that it could not lawtuUy 
construct its telephone system in the village in question without 
first securing a Certificate of Convenience and Necessity. 

This case was appealed and both the Circuit Court of Sanga- 
mon County and the Supreme Court of this State affirmed the 
order of the commission. (268 111., 411.) . -p 

The commission has also prescribed a uniform system ot 
accounts for all telephone companies operating m this btate 
While some of the smaller companies were somewhat reluctant at 
first to the keeping of their accounts as prescribed by the com- 
mission, yet after having once adapted themselves to he require- 
ments of the commission in that respect and giving the matter a 
fair trial, they now appear to be enthusiastic m their expressions 
as to the benefits derived therefrom. 



—27 



834 DUNNE JUDGE, MAYOR, GOVERNOR 

The commission has also, by conference ruling, established 
standards of service for telephone companies. These standards, as 
you probably know, limit the number of subscribers that may be 
connected on a local exchange line and also on a rural line ; 
they require telephone utilities to make tests and inspections of 
their lines and equipment, so that efficient service may be pro- 
vided ; they require traffic studies to be made at regular intervals 
and records kept showing the result ; they prescribe the periods 
at which telephone directories shall be revised, printed, and dis- 
tributed, and in general aim to provide for adequate and efficient 
service to telephone patrons at all times. 

The commission has been called upon, also, to deal with prob- 
lems connected with gas and electric service. 

Conspicuous gas and electric cases have concerned the cities 
of Belleville, Springfield, and Jacksonville. 

Final decisions have been entered in the Belleville and Spring- 
field cases, the rate for gas in Belleville being reduced from $1.15 
to $1.00 net per 1,000 feet and in Springfield from $1.00 to 80c net. 
The commission has announced a reduction from $1.15 to 95c net 
in Jacksonville, but no final order has yet been entered in this 
ease. 

The advantages of the Public Utilities Commission are per- 
haps better illustrated in the proceedings for determining reason- 
able rates for public service than in any other of its valuable work. 

It is much better adapted to making investigations and se- 
curing all the facts necessary to arrive at a correct conclusion as 
to what rate is fair both to the producer and consumer than a 
law court. The commission may sit at a point of greatest con- 
venience. It may send engineers and investigators to examine 
into conditions. It can, and does, require actual valuations of 
physical property, and can accurately value securities and in- 
tangibles. 

In this respect the Public Utilities Commission bears much 
the same relation to our law courts that the administrative courts 
of France and Germany bear to the regular courts there. There 
is this difference, however, that the administrative questions there 
are tried and finally determined in such courts only. 

The Public Utilities Commission of Illinois, however, has 
nothing to complain of with respect to appeals from its decisions 
to the law courts. The findings of the commission have so far, 
when questioned, been invariably sustained in the courts. 

In the cases involving the rates in, Belleville and Springfield 
the commission, after the most complete and exhaustive examina- 
tion, entered orders reducing the rates. The evidence seems 



DUNNE — JUDGE, MAYOR, GOVERNOR 835 

to fully sustain the decisions and indicates that the public service 
companies involved will make a fair and just profit on the rates 
fixed by the commission. 

Public service rates bear some analogy to tax rates. If every- 
body is taxed justly and in proportion to the kind and value of 
his property the burden will fall more lightly upon all than is 
the case where some escape taxation and others are loaded with 
the burdens which they evade. So it is with public service rates. 
It has been habitual with some companies to grant a great deal 
of service free or at greatly reduced rates to big concerns, friends, 
favorites, or associates ; for railroad companies to grant free passes 
and other concessions. Under such circumstances the service 
must be paid for and in practice payment is exacted from other 
consumers, whereby such other consumers are required not only 
to pay full value for the service obtained by them, but as well to 
contribute for those who are escaping payment. Invariably this 
injustice is greatest upon the small consumer. 

Under the law the Public Utilities Commission has, in every 
case where discrimination of this character has been foand to 
exist, abolished the practice. That railroads may be able to 
carry passengers at a rate of 2c per mile instead of 3c, as was 
formerly the practice, the Commission adopted the regulations of 
the Inter-State Commerce Commission, practically abolishing all 
free passes upon railroads. By conference rulings, the com- 
mission directed that all public service companies should abolish 
discriminations as to rates and service, to the end that every 
customer should receive the same treatment. 

Under such a system, the poor can ride upon the railroads 
at what it is reasonably worth to carry them and are not obliged 
to help pay for carrying the opulent or well to do. The house- 
wife in her humble establishment will get gas, water, electric 
light, and such other utilities as enter into the daily needs, for 
what they are worth and willnot be compelled to pay an inflated 
rate because more fortunate or more favored consumers get their 
service free or at a reduced rate. 

Because the Public Utilities Commission has had to maintain 
a large organization and because substantial salaries had to be 
paid members and employes of the commission, and seemingly 
large appropriations have been made by the Legislature, it might 
be thought that the commission was a burden upon the State's 
finances and tended to aid to the tax burden. Such, however, 
is not the case. Since its organization the commission has been 
a source of net revenue to the State. 



836 DUNNE — JUDGE, MAYOR, GOVERNOR 

The receipts of the State Public Utilities Commission of Illi- 
nois from January 1, 1914, the date of its beginning, to February 
29, 1916, a period of twenty-six months, amounted to $835,690.69. 
The grand total of expenditures for the same period amounted to 
$514,133.82. This leaves $321,556.87 which has been paid into the 
State Treasury through the commission over and above all 
expenses. 

For the year covered by the second annual report of the com- 
mission, dating from December 1, 1914, to November 30, 1915, the 
receipts were $634,789.21, and the expenditures $265,366.05. leav- 
ing a balance of $369,423.16 for the twelve months. 

In establishing practical control over public service corpora- 
tions Illinois has won a strong position. 

"We now have the machinery to insure reasonable rates for 
public service and reasonable returns upon investments in public 
service properties. 

The benefits now being actually enjoyed and to accrue enure 
not to the consumer alone, altho such are substantial and most 
welcome, but to the utilities properties as well. 

Under the law not only fair charges for public service can 
be obtained and enforced, but fair valuations for investments as 
well. "We have gone far in the direction of squeezing the water 
out of corporate stock and preventing its future dilution. 

We have established a tribunal where the humblest citizen, 
without cost and without price, can have his complaint heard and 
be assured of the same quality of justice as the most affluent. 

To maintain this highly prized accomplishment and to perfect 
in every detail the workings of the commission organized under 
the Public Utilities act is a task worth the efforts of all forward- 
looking citizens of this State. 



INDEX 



Page 

Absent voting 551 

acquisition of territory by United States 96 

addresses 
Chicago, 

Association of Commerce, "Waterway" 592 

Auditorium, "England in the Transvaal" 118 

Charter Convention, "Initiative and Referendum" 141 

City Council, "Inaugural address" 196 

Commercial Club, "Chicago Charter" 150 

Cook County, "Court House corner stone laying" 300 

death of 

General Wm. Booth 263 

Judge Murray F. Tuley 324 

Democratic Convention, accepts nomination for maj^or 177 

Illinois Building Association League, 

"Value of Building and Loan Idea" 472 

Irish Fellowship Club, "St. Patrick's Day" 283 

Iroquois Club, 

"Annexation of Philippines" 95 

"A reunited Democracy" • 116 

"Monopoly grips the Nation" 133 

Jackson Day Banquet, 

"Has Democracy departed from first principles" 125 

Jefferson Club, , 

Bryan banquet -^^ 

Jefferson Day banquet ^"^ 

"Municipal campaign of 1D07" "»'^*J 

Monticello Club, "The crisis of the day" 9- 

National Security League, "Preparedness" 8^4 

Party Ward Officers, "Municipal ownership" i»^ 

Second Regiment Armory, "Preparedness" 8i*> 

Single Tax Club, „„„ 

Chicago Polish Americans ''^ 

Crimes of Violence j^:^ 

Manchester martyrs f^J 

Spanish-American Treaty ^"• 

Tax assessments u-',;.'. 77V 

Western Economic Society, "Waterway Bill ' '-^ 

Belleville, rq9 

"Belleville's Centenary" ii^ 

"Dangers of Monopoly" 

Buffalo, ^ . , ,, 7Q1 

Annunciation Club. "Abraham Lmcoln 

Denver, 302 

"Private Monopoly" 

Freeport, . „ ' qkq 

"Republican party and the panic 

Galesburg, , ,, 358 

Bar Association, "Lincoln, the lawyer 

Jacksonville, g03 

"Good Roads" 

Mattoon, 556 

"G. A. R." 

New York. 

New "Vork Municinal League. 197 

"Chicago's fight for municipal ownership 

Ottawa. ^ ^, ,^ ., 384 

"The Economic Problems of the day 

Pana. , .^ ,.. 826 

"Functions of a modern hospital 

Peoria, „ , . ^ .. 413 

Creve Coeur Club, "Washington 

Philadelphia. . , ,,t 1 „^ ;., Amorir-n" 819 

Friendly Sons of St. Patrick, "Ireland m America 

^^Farmers National Congress. "The soil we till" 



838 INDEX 

Put in Bay, 

"isattie of Lake Erie" 452 

Quincy, 

"Dedication of Armory" 761 

Springtleld, 

C. U. T. Co. employes, "Public Utility regulation" 828 

Democratic State Convention, 

"Democratic accomplishments" 489 

State Fair, Farmer boys, 

'•Mailing two buslieis grow where one grew before" 418 

Game and Fish Conervation Commission, 

"Duties of the Commission" 442 

"Publication Lincoln's Gettysburg address" 474 

Urbana, 

LTniversity of Illinois, "Dedication of Lincoln Hall" 411 

Woodstock, 

Decoration Day 375 

agriculture, 

advantages of agricultural life 420 

community centers .' 467 

distribution of agricultural data 467 

farm loans 467 

Germany, productivity of 460 

Illinois ranks first in agricultural wealth 499 

improving farm life 467 

increased production 419 

making rural communities attractive 460 

neglected opporunities in the country 419 

school houses as social centers 460 

soil, the foundation of national wealth 459 

suggests thesis on practical farming 462 

University of Illinois, 

greatest agricultural college 459 

lecture courses 467 

Alaska, nationally owned railroads 587 

"Allen bill' 93 

Allen, E. N., Warden, 

honor sytem 749 

Altgeld, John P. 

father of workmen's compensation 372 

in memoriam 370 

pictured as an anarchist 372 

practiced poor man's gospel 370 

standing army a inenace to liberty 373 

statesman of loftv character and sublime courage 373 

tax-dodgers 372 

unveiling of monument 755 

appropriations, 

armories 816 

"Fergus suit" 773 

Forty-eighth General Assembly 773 

apportionment 408, 664 

armories, appropriation for 816 

Association of Commerce, Chicago, address "Waterways" 592 . 

asylum, term dropped by State 827 

Battle of Lake Erie, address, "Put in Bay" 452 

Belleville, address, "Belleville centennial" 532 

"Dangers of Monopoly" 379 

Biological laboratory 706 

Bissell, W. H., governor 533 

Board of education. Chicago, 

leases of school property 339 

Board of Equalization 177, 395, 524 

Boers, 

appeal on behalf of. address, Chicago 118, 124 

justice, on their side 119 

Booth. General William, death of 26.'? 

bovs. human interest sketch 148 

Brvan. W. .7. 

.Teff erson Club guest 243 

Buffalo, address, "Abraham Lincoln" 791 

Building and loan associations, 

benefit of 473 

benignity of Illinois laws 473 

incentive to thrift 473 

value of 472 

Bureau of Labor Statistics 87, 684 



INDEX 839 

Page 

Cairo, flood prevention o 

capital punishment, 

abolition of 162. 712, 734 

address to General Assembly 708 

address, Boston, Governors' conference 734 

in foreign countries 710 

in other states ..!!!!!!!!!!.!!!!!! 711 

message to General Asembly ".."!.'.'!.*.'.'.'!!.".'!!!! 702 

not a deterrent to crime !'.'.'.'.!'.!!'.'.!!' 709 

Capital of United States, summer capital .'.'.*.'.'.*.'.'.".'."."!.'.'.' .' .' .' .' .' .' 450 

charities, 

address, LaSalle, Illinois 615 

Commission '.'.'.'.'.'.'.'.'.'.'.'.'.'. 680 

corporal punishment abolished , 496 

State institutions, humanitarian progress in 615 

chauffeurs, 

protection of 575 

Chicago, 

addreses, 

Asociation of Commerce, "Waterway' 592 

Charter convention, "Initiative and Referendum" 141 

Chicago Bar Asociation, "General Assembly" 524 

Chicago Commercial Association, "Civic Progress" 315 

Commercial Club, "Chicago Charter" 150 

City council, "Inaugural Address" 196 

Cook County, "Court House corner stone laying" 300 

Democratic convention, 

"Accepts Nomination for Mayor" 177 

Illinois Building association league, 

"Value of Building and Loan Idea" 472 

Irish Fellowship Club, "St. Patrick' Day" 283 

Iroquois Club, "Annexation of Philippines" 95 

"A Reunited Democracy" 116 

Jefferson club, 

"Municipal campaign of 1907" 336 

Bryan banquet 243 

Jefferson day banquet 204 

Monticello Club, 

"The serious crisis of the day" 92 

National Security League, "Preparednes" 804 

Party Ward Officers, "Municipal Ownership" 186 

Second Regiment Armory, "Preparedness" 816 

Single Tax Club, 

"Spanish-American Treaty" 109 

"Chicago Polish Americans" 782 

"Crimes of Violence" 162 

"England in the Transvaal" 118 

"Manchester Martyrs" Ill 

"Tax Assessments" 85 

Chicago Chronicle, on 

"Monticello club address" 94 

destitution of 134 

departmental expenditures 2 

fire protection 247 

destiny and greatness 245 

destitution of City of Chicago 134 

gas rates reduced 2 

general property tax compared with other cities 247 

municipal water system commended 2 

new city hall advocated 322 

park consolidation recommended 679 

police force 247 

revenue 246, 275 

rights and privileges, voted away 86 

sanitary department 247 

subways 540 

tax dodging 136 

Chicago Law Journal 68, 73 

Chicago Tribune. 

"Tardy Justice to ex-mayor Dunne" 537 

child placing 435 

Children, 

dependency of 406 

parents fund 435 

rights of parents to 72 

two-cent fare law 403 

citizen soldiery 761 

city court, recommends establishment of 83 

civil service, 

attitude of mayor 464 

city and county compared 340 

law upheld °2 



840 INDEX 

Page 

municipal ownersliip under 213 

not an untried principle 401 

compensation for overtime 2 

concealed weapons 163 

amending, manner of 394 

constitution, , 

amendments to 393 

efforts to amend 524 

message to General Assembly 663 

amendment favored 150 

Initiative and Referendum 154 

constitutional guarantees 24, 154 

contempt of court, 

appointment of Judge Shope illegal 21 

consolidation of gas companies, decision 13 

freedom of the press 13 

convict labor, 

commutation of sentence for road work 446 

defends working on roads 758 

honor system ; 547 

law providing for road work 575 

convicts, 

exploitation of 456 

employment on roads 404, 495, 526, 678 

on pardoning 463 

Cook County court house, 

built without graft 300 

corrupt practices 400 

corruption 85, 365 

cost of living 381, 386 

Craig, Hon. C. C 466 

crimes, cause of 163 

criticism of public officials 38 

CuUom, Shelby M., memorial address 497 

currency law, provision of 488, 587 

DeBerry, Joseph, 

hanging of 785 

decisions, 

corporations. State control 49 

employees' contracts 57 

Interstate Commerce, affected by State decision 40 

order of Judge Goggin 48 

rights of parents to children 72 

Sunday closing 43 

unlawful trade combinations 64 

users of sidewalks 71 

wages, 

assignment of 61 

payment for overtime 54 

teacher's salary 56 

"Decoration Day address", Woodstock 375 

Democratic, 

accomplishments 490, 494, 585 

idealism 546 

principles, 

address Jefferson Day banquet, Chiacgo 204 

adherence to 125 

enumerated 128 

State convention 490 

plea for a united democracy 580 

Democracy, a reunited, 

address, Iroquois Club, Chicago 116 

Deneen, Charles S., Governor, 

fiscal condition of State 483 

Denver, 

address "Private Monopoly" 302 

Department of Electricity, City of Chicago 340 

Deportation, Dept. Work of 684 

destitution, 

of City of Chicago 134 

Dickinson, Judge, 

reception of Iroquois Club, protested 363 

"Dixie Highway" 759 

"Dollar diplomacy" 587 

Dougherty. N. C. pardon of 690 

Douglas, Stephen A., 

anniversary of 426 

drug venders 692 

Dyson, O. E., Dr., 

position upheld , 768 



INDEX 841 

Page 

"Economic problem (the)", 

address, Ottawa 384 

education, scliool building encouraged .\.. .................. . 322 

Edwards, Ninian, territorial Governor [].[....[[....[[.... 532 

Efficiency and Economy Committee 495, 526, 677 

eight hour day, established in State institutions .' ' 647 

elections, 

message recommending passage of laws in regard to 665 

of United States Senator 416 

Primary 526 

refusal to issue certificates of. in certain cases 642 

registration of women 530 

rotation of names on ballot 402, 495, 52fi 

short ballot '. . . . 401 

statement of re.issuing of election certificate 642 

electricity, rates in Chicago 297 

Emancipation Exposition, address, Chicago 732 

employment agencies 661 

England, 

address, Chicago, "On Behalf of Boers" 118 

denounced in the Transvaal 1J8 

press and literature 119 

wars of 105 

Epileptic Colony, Dixon, establishment of 403, 495, 526, 670 

Equalization, Board of > 177, 395, 524 

"Europe, not England, is the mother country of America" 104, 477 

European War 587 

express rates 587 

extradition, law and practice 632 

factories, sanitation and ventilation '. 529, 575, 612 

factory inspection 621, 685 

fees, 

filching 87 

letter to Supreme Court S3 

system a damper on justice 83, 90 

finance. 

Budget — Biennial message 687 

Legislative Reference Bureau 687 

Finerty, John F., address monument unveiling 600 

flre department, 

hazards 451, 576 

hours of firemen 451, 576 

insurance rates 661 

legislation on 624 

message to General Assembly 661 

prevention day, 

statement to public 465 

"Two platoon system" 272, 451 

fish and game, 

address, Springfield, State Game and Fish Conservation Commission.... 442 

birds 443 

commercial fishing 423 

consolidation recommended 421 

investigation of departments 442 

message to forty-eighth General Assembly 421 

sportsmans interest 423 

valuation of fish industry '. 443 

wardens 444 

flag, state 637 

floods, 

appropriation 428 

message to forty-eighth General Assembly 427 

food inspection 673 

food stuffs, condemned or destroyed 316 

foot and mouth disease, 

Dyson, Dr. O. E., upheld 768 

legisla tion for 679 

spread of disease 619 

freedom of the press 13 

Freeport, address — "Republican party and the panic" 350 

Galesburg, 

address, "Lincoln the Lawyer". 358 

gambling 271. 321 

Game and Fish Conservation Commission 495, 528, 671 

garnishment exemption 92 

gas consolidation act 93 

gas rates 277, 280 

General Assembly, 

Chicago Bar Association address 524 

Legislators' salaries ""8 



842 INDEX 

Page 

Germany, 

U. S. Diplomatic communication 716 

Germans in Illinois, 

address at unveiling of Goethe's monument 563 

Gladstone, W. E., 

England's greatest statesman 113 

Goethe, 

address, unveiling of Goethe's monument 563 

good roads, 

address, Jacksonville (See also Roads and Bridges) 809 

government, mal-administration of 94 

Governor (See Addresses, Letters, Messages, and Statements) 
Governors' conferences, 

Boston "Preparedness" 743 

"Capital punishment" 734 

Madison "Uniformity of Labor Laws" 620 

value of 449 

grade crossings 567 

graft in Chicago City Council 92 

Grain Inspection Department 685 

Grand Army of the Republic, address, Mattoon 556 

hack-stands 80 

"Harlan plan" 188 

Harrison, Carter H., Mayor, 

commended for street car stand 92 

Health, State Board 501, 683 

Highway Commission 501 

hog serum, free distribution condemned 706 

Home finding Commission 686 

home rule, 
advocacy of, for cities 170, 400, 438 

proposes a constitutional amendment to provide for 132 

honor system .• 749 

hospital, functions of a modern 826 

hours of labor 623 

Housing Commission 681 

"Humphrey bill" 93 

Illinois, 

admission to the union 631 

conservation, "Leslie's Weekly" 499 

past and future of 637 

progress during 1914 647 

Illinois State Teachers' Association 

address, Springfield, "Sex Hygiene" 485 

income tax 587 

independence, 

day, address, "Naturalized citizens", Springfield 726 

of Philippines and Porto Rico 110 

industrial accidents 621 

Industrial Board 613, 677 

initiative and referendum, 

address, Chicago Charter Convention 141 

constitutional amendment 392 

failed to pass 524 

message to Forty-eighth General Assembly 429 

passed, urged 548 

progress of 424 

injunction, foot and mouth disease 651 

"International morality" 160, 161 

Industrial Board 575 

Ireland, 

address, Irish Fellowship Club. Chicago 145 

home rule 560 

in America, address 

Friendly sons of St. Patrick, Philadelphia 819 

soil, must belong to the people 145 

Irish. 

Address, LTnveiling of Finerty monument, Chicago 600 

affection for Ireland ?84 

love of liberty never extinguished 283 

love of new land 284 

patriotism before party 824 

patriots 284 

preserved teachings for Christendom 283 

Iroquois Club, Chicaeo. 

address, monopoly 133 

annexation of Philippines 95 

a reunited democracy 116 

Dickinson. Judge 363 

withdrawal from 91 



INDEX 843 

Page 

Jackpot Government 367 

Jacksonville, address "Good Roads" 809 

James, Dr. Edmund J., letter commending 531 

Judaism, ritualistic observances 469 

Judge (See "Addresses," "letters," "messages," "statements") 

judges, criticism of 38 

juries 406 

jury system, corruption of 92 

justice to ex-mayor Dunne, "Chicago Tribune" 357 

Juul law, provisions of commended 88 

Kenesaw Mountain, 

unveiling of monument 568 

Kimsey , Charles A. , pardon of 544 

"Kleeman bill" 433 

Knights of Columbus, Peoria letter to. 

Bishop John L. Spalding 482 

Labor 239, 240 

Labor Day 573 

labor legislation 586 

laboring man deprived of right of trial by jury 94 

Lawler, Michael Kelly. 

career of, letter to people of Equality 457 

Legislative Reference Bureau, 

message commending work of bureau 495, 667 

legislative session, roll call verification 407 

legislators, 

raising salaries of 728 

Legislature, corruption in 92 

"Leslie's Illustrated Weekly," 

statement, Illinois conservation 499 

letter of, 

Tuley, Judge Murray F., urging Judge Dunne to run for Mayor 170 

letter to, 

Allen, E. M., 

honor prisoners 446 

Boston Magazine (The), regarding resignation rumor 257 

City Council, re telephone and electric rates 313 

Iroquois Clut), 

re Judge Dickinson 363 

re withdrawal 91 

James, Pres. Edmund J., U. of I., 

commending services 531 

practical farming 467 

people of Equality, re Michael Kelly Lawler 457 

Sanitarv District, re power rights at Joliet 475 

Stewart, John A., re celebration of the 100th anniversary of peace among 

English speaking people 477 

Supreme Court, re Justice Court fees 83 

Werno, Alderman Charles, re municipal ownership 286 

levees, 

construction of *'■* ' 

Lewis, James Hamilton, U. S. Senator, 

election of recommended 408 

Lincoln, Abraham. 

address, Annunciation Club. Buffalo 791 

Lincoln Day Banquet 656 

industry' and modesty 359 

Lincoln Hall, dedication of 411 

Lincoln the lawyer 358 

Lincoln's Gettysburg Address, 

publication of urged |^4 

liquor, one o'clock closing ordinance • ■ ■ 32^^ 

Live Stock Commission 6ol, R79 

livestock, foot and mouth disease 651 

loan sharks, 

cause of more misery than highwaymen ^^^ 

cause of suicides |^^ 

no respectable man in the business i|^ 

wage assignment contractual slavery 15'* 

lobbying. 



abolished in congress. 



581 



address to forty-eighth General Assembly ■ • 688 

pernicious influence of ■^-'' 600 

Logan. John A., 

address Murphysboro '^ ' ^ 

low wages, o., 

responsibility for „q^ 

lumny jaw cattle Sn^ 

Lusitania, sinking of '^^ 



844 INDEX 

Page 

Manchester martyrs Ill 

Mangier bribery case 70 

Manufacturing interests of Illinois 500 

Mattoon address, G. A. R 556 

Mayor, 

Mayor (See also Addresses, Letters, Messages, Statements) 

accepts nomination on municipal principle 177 

no affiliation with "boodlers" 357 

office not sought for by Judge Dunne 174 

urged to accept nomination by Judge Tuley 170 

McKinley, William, President 93 

mechanics' lien law 495, 528 

Meisenburg, Samuel, 

Chicago memorial 554 

message to City Council, 

re water rates 223 

re Universal Gas Company 261 

Vetoing gas ordinance 277 

vetoing street railway ordinance 329 

message to the General Assembly Inaugural 392 

Biennial 658 

municipal ownership 225 

Mexican situation. 

has been dealt with in a spirit of firmness and justice 586 

mediation plan 552 

no likelihood of war 488 

mines and mining, 

commission to investigate 576 

explosives 576 

fire fighting equipment 576 

inspection of coal mines 576 

mine examining board 575 

Mine rescue stations 528, 576 

shot firers' law 576 

Mitchell, E. E., Treasurer, 

condition of treasury 483 

monopoly, 

address Denver, "Private Monopoly" 302 

evils of 94, 379 

nation in grip of 133 

plutocrats in Cabinet and Senate 133 

private, indefensible and intolerable 351 

Republican Congress, failure to curb 356 

mothers' pension 436 

motion pictures, 

veto of 731 

municipal, 

campaign, nineteen-seven 336 

courts 174, 542 

expenditures, limiting of 85 

ownership, 

address, New York Municipal League 197 

"Allen bill" 178, 216 

city vs. contract plan 226 

civil service efficiency 185 

increase of wages 201 

contract plan 229, 260 

corruption and bribery 201 

civil service 178 

Public Utility corporations 214 

could not increase taxes 195 

demand of people 335 

efficiency in service 201 

fares, reduction of 201 

franchise, 

Chicago Chronicle 191 

Chicago Post 191 

Daily News 192 

Record-Herald 191 

Tribune 192 

extension opposed by people 256, 260 

hours of labor, reduction of 201 

"Humphrey bill" 178 

increase of wages 201 

in Europe 311 

letter to Alderman Charles Werno 28f; 

Morgan Co., .1. P., investments 188 

Mueller law provisions 191. ?27 

municipal problems, solution of 440 

not a political machine 183 

objections to 199 

plans for 225, 227 



INDEX 845 

Page 

municipal ownership — contd. 

politicians and private ownership 183 

private operation • 304 

street car certificates 200 

strikes 201 

traction merger 250 

Union Traction Company 216 

water rates 178 

Yerkes, Charles T., influence in Springfield 216 

mutuality, 

"Chicago Law Journal" 73 

Murphysboro address, John A. Logan 571 

National Guard and Naval Reserve 553, 649, 674, 816 

naturalization 122 

necessities of life 106 

negro. 
New York, 

address. New York Municipal League, "Chicago fight for municipal 

ownership" 197 

address, Chicago, Emancipation Exposition 732 

Officers, 

abuse of authority 67 

Ogden Gas Company 13 

Ottawa, 

Address, The Economic Problem 384 

Packers, water stealing 86 

Pana, address, "Functions of a Modern Hospital" 826 

Panama Canal, 

address, Chicago, Henry George Ass'n, Panama Treaty 65 

consummation of treaty a disgrace 167 

effect on manufacturing interests in Illinois 715 

U. S. authorities assisted in rebellion 167 

Panama- Pacific International Exposition 715 

patriotism 382 

peace °79 

penal institutions, reform of , 64( 

Peoples Gas, Light & Coke Co 13 

petty larceny °4 

Peoria, address, "Creve Coeur Club" 413 

Pharmacy, State Board of 684 

Philadelphia, address. Friendly Sons of St. Patrick 819 

Philippines, 

acquisition of without native consent — a crime 110 

American occupation for benefit of England 105 

annexation of, mo iat 

consent of governed ^"'^' ^^' 

denounced i nn i nR 

forced submission i no 

McKinlev's "benevolent assimilation of" 10^ 

forcible annexation not to be thought of • • ■ jO^ 

means increased army and navy 103, 104 

means liability to embroilment in foreign wars 104 

not wished by people ^^J 



politics discarded 



97 



violating spirit of constitution 101 

right to select their own government ^^ 

United States needs no foreign alliances l^!* 

Piano, address, Farmers National Congress 4oS 

pledge, .„„ 

breaking of, by public officials ^"^ 

refuses to accept assistance from street railway company u^ 

statement as candidate for Mayor l '° 

Police, City of Chicago •,:•••; Te5 

abolition of tax-dodging would provide adequate pohce force ib-i 

no right to shoot fleeing fugitives '^ 

who exceed authority "^ 

Polish people, ,.^- 

address. Chicago Polish Society ' ^ ' 

poor, oppression of 

Porto Rico, -,„, 

possible excuse for annexing 

poverty, City of Chicago o- 

menace to health 

preparedness, ^,o 

address, Boston Governors conference ' ^^ 

address, Chicago National Security League ^ '^ 

appropriation for armories ^|^ 



Illinois' contribution to. 
military training 
militia "Pay bill" 



807 
817 



846 INDEX 

Page 

preparedness — contd. 

National Guard compensation 807 

National Guard free from politics 818 

rehabilitation, National Guard 817 

sentiment of America 806 

state owned buildings 816 

United States enriched by force of circumstances 805 

press, 

freedom of 13 

hostility of in traction fight 257 

prison reform 548, 668 

prisons, 

honor system 749 

letter writing in 751 

protective tariff, 

wages under 386 

Psychopathic institute 501 

public expenditure, 

reduction encouraged 403 

public ownership law 526 

public utilities, 

abolition of passes 835 

address, Englewood, "Ownership of Public Utilities" 502 

advantages of 137 

certificates of convenience and necessity 832 

corruption by corporate interests 137 

effects of utilities law 831 

function of Public Utilities Commission 828 

gas and electric service 824 

improved service under Public Utilities Commission 137 

law desired by people 440 

low cost of operation 137 

Municipal government in England, free from politics 512 

Mueller bill -. 516 

municipal ownership 137 

political interference 516 

private operation of 202 

placed under control 647 

receipts of and expenditures of commission 836 

regulation of 398 

statement of Governor regarding 437 

telephone companies 831 

public Utilities Commission, 

Chicago home rule 667 

decisions sustained by courts. 824 

law 495, 525 

message, Chicago home rule 667 

now exercises great power 501 

Putin-Bay, 

address, Battle of Lake Erie 452 

Quincy, armory dedication 761 

Race Prejudice 143 

railroads, 

employes, address (Chic.) Switchmen's Union 610 

headlights 576, 612 

safety appliance 528, 576 

safety inspectors 612 

trespassing 667 

two-cent fare 567 

Rainey, Hon. Henry T., 

objections to waterway bill 770 

reformatory inmates 522 

Republican party, 

controlled by monopoly 356 

in the panic 350 

revenue, 

constitutional amendment 394 

Reynolds, John, 

Governor of Illinois 532 

Rivers and Lakes Commission 672 

roads and bridges, 

address, Chicago, Chicago Association of Commerce 604 

address, Springfield, State Highway Commission 447 

appropriations 814 

bond issues 813 

cost of state aid system 814 

"Dixie Highway" 759 

extent of state aid system 814 

improvement in state aid roads 647 

improvement of highways 404. 447, 527 

laws 810 

proclamation for "road day" 538 

progress in road building 815 

Tice road law 495, 535, 647 



INDEX 847 

Page 

Roosevelt, Theodore, President, commends Judge Dunne 147 

Ryan, Wm. J., 

State Treasurer, condition of treasury 483 

Safety appliances 576 

.Salvation Army 164 

Sanitary district of Chicago, 

condemnation suit re power rights 475 

power cost to Cliicago 221 

taxation '['\ 433 

Scotchman in America, 

address, Chicago, St. Andrew's Society 634 

Scott, Elston, execution of 785 

Seattle, municipal ownership 282 

semi-monthly pay .495, 576 

sentencing a chicken thief 75 

sex hygiene, 

address, Springfield, Illinois State Teachers' Association 485 

in schools 470 

short ballot • 401 

Sherman, Lawrence Y., U. S. Senator, 

election recommended 488 

sidewalks 71 

simplified spelling, 

address, Springfield, Illinois State Teachers' Association 645 

Sisters of Good Shepherd 164 

Shield, James, 

statesman, jurist and soldier 533 

Spalding, Bishop John L., 

letter to Peoria Knights of Columbus 482 

Spanish-American War 109 

Springfield, 

address, "Lincoln's Gettysburg Address" 474 

Democratic State Convention 490 

Employees C. U. T. Co 828 

State Fair "Farmer Boys" 418 

State Game and Fish Con. Com 442 

statement, 

appropriations 779 

announcing candidacy for Governor 366 

attitude to University of Illinois 430 

"boys" 148 

Chicago's destitution 134 

Chicago, progress of 265 

civil service law 464 

execution of Elston Scott V85 

fire prevention 465 

good housekeeping 435 

Governors' conferences 449 

Harlan Plan 188, 221 

Initiative and Referendum 424 

loan sharks 391 

Mangier case 70 

public utilities 137 

right of policeman to shoot fugitive 79 

street railway system 233 

traction merger, objection 250 

vetoing street railway, franchise 244 

water power 221 

State Tax Commission 483 

street, 

car situation in Chicago 206 

railway franchise, promise to veto ordinance 244 

railway ordinance, veto 329 

rental of streets by car company 558 

strikes, 

anthracite coal strike 209 

compulsory board of investigation 219 

contracts 219 

legality of 209 

Montgomery "^''ard and Co 209 

publicity 40 

state arbitration board 219 

teamsters 121 

"St. Louis Post-Dispatch" 206 

subways, 

Chicago should provide for building 540 

Sullivan, Roger C 496 

Supreme Court of United States. 

Governor recommended for appointment • • ■ 501 

tariff, revision of 488. 587 



848 INDEX 

taxation, Page 

abolition, city and township assessors 87 

assessments of real and personal property 85, 87 

Board of Equalization 177, 395, 445, 524 

constitutional amendment 393 

corporations 366 

exemptions 87 

favoritism in assessing 87 

Tax Commission 415 

tax dodging 92, 415 

telephone and electric rates 313 

traction, 

merger 250 

slush fund 365 

Treasury, condition of 483 

Trumbull, Lyman, Secretary of State 533 

tuberculin test 549 

Tuley, Judge Murray F., 

death of 324 

urges Judge Dunne to run for Mayor 170, 174 

Unconscionableness, "Chicago Law Journal" 73 

unemployment, 

commission established 528 

unemployed on Illinois highways 653 

uniform labor legislation 626 

uniformity of legislation 624 

Urbana, address, "Dedication of Lincoln Hall" 411 

Universal Gas Company 262 

University of Illinois, 

attitude of Governor 430 

divorce of university from politics 430 

expenditures of 430 

head educational system 500 

letter commending services of Pres. James 531 

voucher, responsibility 430 

United States Senators, 

election of 396, 493, 525, 547, 587 

primary vote repudiated by General Assembly 367 

Vaccination 76 

Veterinarian, State 768 

veto of electricity rate ordinance 295 

motion pictures bill 731 

vice, in Chicago 322 

wages, 

assignment 83, 495, 528, 612 

income of working men 387 

in state institutions 617 

labor organizations 388 

protective tariff of no benefit to working men 387 

public sentiment 388 

semi-monthly payment 576, 612, 677 

wage loan corporations 575 

"Washington, George, President 413 

wash rooms 495 

water rates, message City Council 223 

water power, Joliet 475 

water survey 500 

waterways, 

address, Chicago Association of Commerce 592 

Western Economic Society 772 

Davenport 775 

answer to objections of Congressman Rainey 770 

bill free from politics 778 

construction of 776 

eight foot depth in Mississippi River 592, 777 

message, forty-ninth General Assembly 658 

Panama Canal effect of commerce 776 

report of Secretary of ^V'ar 777 

statement to Chicago Tribune 720 

vote of legislature 721 

statement to public waterway transportation 603 

transportation retarded by railroads 775 

wealth, unequal distribution of 351 

wisdom of Judge Dunne 

Chicago Journal of Law 68 

woman's suffrage, 

franchise rights 528 

woman's rights 471 

registration 530 

Workmen's compensation 389, 575, 613 

Altgeld, father of 373 

Woodstock, address "Decoration Day" 375 

Yerkes, Charles T., 

purchase of Legislature 214 






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